11/12/07 Zoning and Annexation Committee

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Zoning and Annexation Committee Meeting Minutes of November 12, 2007 Page 3 William Geyer of 3032 Northside Boulevard, whose property adjoins that of the petitioner spoke in opposition to the rezoning request. He stated that the house is not designed to accommodate more persons, that there already are parking problems; that it is unsafe due to sight line problems; that the rezoning may negatively impact property values; and that the home would basically become a boarding house. For all of these reasons he asked the Committee to deny the request. City Engineer Carl Llttrell noted that Gary Gilot voted against the request at the Area Plan Commission meeting. The home was originally built with variances which resulted in zero set backs where normally there would be a 25 foot right of way line. Mr. Steele has refused to construct a city sidewalk, and has not hard-surfaced his driveway. The proposed pedestrian/bike path is planned to connect thru this area and with the zero set back it will be difficult to develop. Lisa Farris of 3401 Northside Boulevard spoke in opposition to the request and inquired how complaints are handled by the City. Acting Mayor Charles Leone stated that the City could pursue a cease and desist order once a complaint is filed with the Legal Department. In response to questions from Council Member Puzzello, Mr. Bulot stated that MF1 allows a group residence as a special exception which would require Council action. He then referred to the zoning chapter of the South Bend Municipal Code with regard to a boarding house. He added that there are "no quick answers" in this area, and cited the definition of "family". Council Member Kirsits suggested that perhaps in early 2008 a separate meeting could be held to discuss boarding houses, "family" as defined in the zoning chapter and legal actions taken by the City Attorney's Office could be called. In rebuttal, Mr. Steele stated that he has had conversations with Mr. Fozo and has not decided one way or the other about the sidewalk or to pave his driveway. He stated that since the other homes do not have sidewalks he believes that if he had one it "would look goofy". He did not want to tear up his property until he knows more about the pedestrian/bike path. In response to a question from Dr. Varner, Mr. Lyons stated that the petitioner could rent to one (1) person under the Code. Council President Rouse stated that based on today's discussion there does appear to be a need for further discussion of the zoning regulations and their enforcement. Council Member Kirsits added that it was his understanding from talking with Mr. Fozo that the basic difference between SF1 and SF2 is lot size, and that where he lives it is primarily SF2. He stated that he does not believe that bringing multi-family into this