11-14-05 Zoning & Annexation - Laserfiche WebLink

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In response to a question from Council Member Puzzello it was noted that if granted the accessory could be used as a studio apartment. It was noted that all utility bills are sent to one address. There was no one from the public to speak in favor or in opposition to the Bill. No action was taken in light of a quorum not being present. Council Member Kuspa then called for an Area Plan report and presentation on Bill No. 64-05 which is a zoning request for the property located at 1126 West Washington, and a Board of Zoning Appeals report and presentation on Bill No. 05-130 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 1126 West Washington. P. J. Thuringer noted that the zoning request would approve a group residence at the location in question. It received an unfavorable recommendation at the October Area Plan Commission meeting. He noted that the Commission received a petition with 100 signatures in favor of the request and that 33 additional persons either spoke or wrote letters in favor. There were 40 persons who either spoke or wrote letters in opposition. John Byorni,Executive Director of Area Plan noted that in 1991 which he believes only Council Member Pnzzello was on the Common Council,the Walnut/West Washington area was rezoned with multi-family development in that area always being part of the plan. The overall plan reflects the best land use plan for the area addressed in the map entitled "West Washington - Chapin Development Area Proposed Land Use" dated March 20, 1991 (copy attached). In response to a question from Council Member White, it was noted that the proposed request does not fit into the West Washington/Chapin area. Don Fozo, Building Director, stated that the Board of Zoning Appeals held a public hearing on the special exception for the group residence which is required under the new zoning ordinance, and it comes to the Council without recommendation. Mike Griffith of 1126 West Washington made the presentation. He noted that at the Area Plan Commission the argument was presented in opposition to their request because the area is a "single family corridor" and that "these people are going to love people and as a result they could not turn people away". He stated that they would be willing to have stipulations added. They would agree to limit the number who could reside at their residence to five (5) residents and two (2) staff members; that they would commit to abide by those limitations; and that at such time that they would sell the property in question that it would revert back to the single-family zoning use only. They would also be willing to be part of an accountability agreement with the neighborhood. Mr. Griffith then provided a map of the area in question(copy attached)which he then reviewed. He noted that there are eight (8) homes, three (3) buildings and three (3) lots currently empty. One house has been added since the Arial map was taken who supports their request. Persons who are in favor of the request include many who have visited their location, with those in opposition are those individuals who have not visited. He believes that their presence has helped curb crime in the area. He then reviewed the map detailing the zoning diversity in the area, November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 3 of 7-