08-26-19 Zoning and Annexation - Laserfiche WebLink

Home Browse Search

CITY OF SOUTH BEND OFFICE OF THE CLERK teeth into it in making sure that everything is covered before building permits are issued. What we have within this, and the reason for the substitute is due to two (2)reasons. We had "May" still in the language. As you see in the document we've changed the word May to Shall except in just one (1)place. We also had Elliott Anderson from the City Legal Department and Chuck Bulot to discuss some of the issues that were brought up at their last meeting that we missed during that last meeting. The idea was allow the building permit officer to make the decision to allow work to continue if someone is building and has fallen out of compliance or under a building permit to rectify the issue that's out of conformance. So, other than that, there were only minor changes throughout this. We took into consideration what Chuck Bulot wanted to add or keep, and it was really good working that out. Councilmember Scott asked, Dr. Davis did you want to add anything to it? Committee Chair Dr. Oliver Davis stated, I think this would help add clarity. As you shared in the last meeting there was some concern that different issues were being put in place prior to getting the proper authority. So, now this will help clear that matter up. Councilmember Scott stated, I think that if there are any other changes with Area Plan, the zoning law and all of that we can revisit this again in the future to see if there's anything that changes with zoning that might change the effect on building permits. Committee Chair Dr. Oliver Davis then opened the floor to all of the Committee and Councilmembers for questions. Committeemember Dave Matthews asked, If someone in good faith submits a plan and their architect designer works with the Building Department, and they think that the zoning is okay. They get the building permit and start construction, but if a neighbor complains and then the Zoning Department reviews it and says actually this should not have been passed because of something that is found to be out of compliance. Now,the permit is revoked. I feel like if someone is building something and they deviate from what they said they were going to do,and that violates zoning, they broke the rules and we should pull that permit. If a City Official said this looks good, go ahead and then upon further review we find out that the City made a mistake that's asking a lot. I think the likelihood of this happening is low, but it does cause me some concern. Committee Chair Dr. Oliver Davis stated,We've had that kind of situation in the past,and I would like to have our Council attorney to respond to how that could be handled. Common Council Attorney,Bob Palmer stated, In the second substitute we added that if it is found that a mistake is made, and something is out of compliance it may need another building permit to bring it into compliance. The administrator has the authority at that point to issue that permit to get them back into compliance. Committee Chair Dr. Oliver Davis asked, If they chose not to then what happens? Common Council Attorney, Bob Palmer replied, If they chose not to then it's shut down. Councilmember Regina Williams-Preston asked, In the event that something like this happens when someone is building something, but it was the fault of a City Official, who bares the cost of EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 4