03-08-04 Zoning & Annexation - Laserfiche WebLink

Home Browse Search

i Zoning and Annexation Committee March 8,2004 Page 2 Council Member Coleman noted that the new zoning ordinance will be in place in the "very near future"and that it is his understanding that none of the amendments being proposed by the Area Plan staff affect this area. He noted that Mr. Lee on California Avenue was faced with a similar situation. Council Member Coleman stated that he believes that the new ordinance may accommodate the situation. In response to Mr. Hughes' question, it was noted that proof of a legal non-conforming use included tax records,tax papers for assessment and city directory information showing a double address. City Clerk John Voorde noted that the Assessor's Office has records from 1949, 1962 to 1968, and recommended that the petitioner could access information on the property through the township assessor's office. The Council Attorney noted that the Council has ninety(90)days from the Area Plan Commission's action to take action on this substitute bill. Following discussion, Council Member Coleman made a motion, seconded by Council Member Kelly that Substitute Bill No.3-04 be continued until the April 26th Council meeting, at the request of the petitioner,Mr. Hughes. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 13-04 which is a zoning request for the property commonly known as 508-536 Crescent Avenue. The Council Attorney noted that she had discussions with the Area Plan Staff and because Bill No. 13-04 would correct a scrivener's error in the legal description it was determined that the petitioner would not have to file an ordinance which would be sent to the Area Plan Commission and then back to the Common Council. Mr. Richard J. Deahl, a local attorney made the presentation. He stated that after the Common Council passed a prior ordinance on the same property on February 9th, a scrivener's error was found in the legal description. The proposed ordinance correct the legal description. Council Member Coleman made a motion, seconded by Council Member Kelly that Bill No. 13-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 04-29 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 1020/1022 S. Webster. Building Commissioner Don Fozo stated that the Board of Zoning Appeals sends the petition to the Council without recommendation. Mr. Fozo rioted that since the BZA meeting the 'Wig/