08-11-03 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee August 11,2003 Page 4 In response to a question from Council Member King, Mr. Spier noted that a six foot wooden fence, brown in color similar in style to the office is presently being discussed. Mr. Spier also noted that with regard to lighting that there would be adequate buffering to screen the light away from surrounding properties. The Council Attorney inquired whether the concerns of the Catanzarites addressed in their letter of July 18, 2003 (copy attached) were addressed by the petitioner at the Board of Zoning Appeals public hearing. Mr. Fozo noted that the BZA members received the letter but did not made any conditions relative to that letter in their recommendation. Council Member Kuspa then opened the public hearing for comments from the public. Mark Catanzarite of 2022 Oak Park Drive, South Bend, Indiana 46617 then addressed the Committee. He noted that he spoke in favor of the request at the BZA meeting subject to the conditions set forth in his letter. Mr. Catanzarite stated that he and his family would like to maintain their property value and their privacy. They would like adequate buffering. He noted that they moved their home and saved it from demolition. They desired a safe and secure environment with proper access to their lot. He voiced concern with regard to dry wells and excavation at the location which are currently under way. He noted that he had preliminary discussions with Dr. Murphy but that they have not had any contact recently. Mr. Catanzarite also noted that the most recent final site plan that he has seen has made no provision for drainage. He has concerns for the safety of his children if all of these concerns are not properly addressed. Council Member King stated that the ideal would be for the parties to get together and discuss their concerns and discuss how each issue would be handled. Council Member Kelly urged the parties to resolve their differences before the Council take formal action. He then recommended that the Bill be sent without recommendation. Council Member King stated that the land is located within his Councilmanic District. He noted that more time may be needed to talk about the properties involved. He noted that Mr. Catanzarite has made a significant improvement to the area and that the dental office would be taking property which needed to be improved,again with a significant investment to the area. Council Member Kirsits inquired what the fair market value would be of Mr. Catanzarite's investment. Mr. Catanzarite stated that it would be approximately $200,000 which would include a lot of sweat equity. The Council Attorney noted that the Council has sixty(60) days to take formal action from the date of the BZA meeting;therefore additional time for consideration could be within this time frame. Mr. Spier stated that he believed that a continuance would be in the best interests to permit the parties to have discussions and report back to the Council. Following discussion, Council Member Kelly made a motion, seconded by Council Member Coleman that Bill No. 03-71 be continued until the August 25th meeting at the request of the Petitioner. The motion passed.