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REGULAR MEETING AUGUST 22, 2011 <br /> <br /> <br /> <br />Mr. Mariani stated that this might be conversation that needs to take place in the Zoning <br />and Annexation Committee of the Council to talk about that on a city-wide level and to <br />talk about it from the entire zoning code perspective. He stated that he can’t speak to <br />that, but that it is a larger conversation that the Council needs to have about the existing <br />code and what the Council wants to see in the City. <br /> <br />Mr. Byorni stated that it might be that every neighborhood in South Bend should have its <br />design criteria, but not necessarily these design criteria. He stated that the thinks the <br />criteria needs to come from the neighborhood residents, what they envision their <br />neighborhood to look like. For instances the commercial here will be very similar to <br />Eddy Street Commons. Mr. Byorni stated that you wouldn’t necessarily see that along <br />Ireland Road, it is a different type of commercial area. So you probably don’t want to <br />take these guidelines like they exist today and apply them everywhere in the city, but it <br />might be a good idea if the neighbors want guidelines that reflect their neighborhood that <br />the city adopts those guidelines. <br /> <br />Councilmember Henry Davis asked if there had been a project population growth for that <br />area for over the next five or ten years? If so, what is it? <br /> <br />Mr. Mariani advised that he had not seen any projects for the northeast neighborhood, nor <br />has he seen any market projections. He stated that they probably exist, but he has not <br />seen any nor has he seen any census tracks for the next five to ten years. <br /> <br />Councilmember Henry Davis stated that he felt it was germane to what is being talked <br />about because we are trying to see where markets are going and what the values are going <br />to be, and where the new population is going to be at. It has everything what they do up <br />here, so that is why he was asking. <br /> <br />Councilmember Oliver Davis stated that regarding handicapped and ADA issues, storm <br />issues, fire issues, is there any way, beside the special exception, and the other <br />interpretation of all that, but in the event of any of those kinds of issues that could <br />happen, is there anyway that it could be put in this kind of ordinance without going <br />through that kind of process. <br /> <br />Mr. Mariani stated that you could with the help of the Council Attorney, but was unsure <br />of how that point would be made. <br /> <br />Council Attorney Kathleen Cekanski-Farrand advised that it is her understanding and <br />agrees with Mr. Valanzano that the variance process with regard to hardship is spelled <br />out in the ordinance. She stated that she can get the code book and look it up. She stated <br />that she believes the process is set forth with regard to variances. The examples that were <br />given with regard to a disaster whether it is by fire or Mother Nature or with regard to <br />handicapped disabled situation, those are clearly fall within the variances process right <br />now. <br /> <br />Mr. Byorni stated that what we are looking at is handicapped ramps right now. He stated <br />that the only time that they are going to be faced with a variance is for brand new <br />construction. Mr. Byorni used Councilmember Puzzello’s home for an example, if she <br />needed to put in a handicapped ramp that would not come under the guidelines, because <br />her home exists. <br /> <br />Councilmember Oliver Davis stated that he understands that and is there anyway that <br />could be expedited because there is an ageing population out there and not everybody <br />who has aged has to deal with ramps, but it could be anybody, so is there anyway that <br />could be expedited to deal with that. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 9 <br /> <br />