08-08-94 Zoning & Annexation - Laserfiche WebLink

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Committee Report Zoning and Annexation August 8, 1994 Page 2 Following discussion, Council Member Duda made a motion, seconded by Council Member Zakrzewski that Bill No. 73-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 74-94 which is a rezoning for New Cleveland Road East of Mayflower. Mr. Byorni noted that it received a favorable recommendation from the staff and the Area Plan Commission. It was noted that Mrs. Brown owns most of the property and is in favor of the proposed rezoning. There were remonstrators at the Area Plan Commission meeting. On hundred (100) foot setback requirements from residential areas would be required and parking cannot take place within the 100 setback. Following discussion, Council Member Duda made a motion, seconded by Council Member Zakrzewski that Bill No. 74-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Resolution No. 94-78 which is a BZA matter involving the property 1924 East Edison. Mr. Tony Zappia, the attorney for Dr. Paul Sergio made the presentation.He noted that the request involves the parking for this Dental office. Council Member Coleman voiced concern with regard to the potential for commercial business encroaching in this area. Following discussion, Council Member Zakrzewski made a motion, seconded by Council Member Duda that Resolution No. 94-78 be recommended favorably to Council. The motion passed. Under special business, it was recommended that the Committee discuss and establish proposed procedures for the appeal from the Historic Preservation Commission of a denial of a certificate of an appropriateness for the property located at 615-617 Riverside Drive. Council President Puzzello noted that this matter has been set as a special business item at this evenings Common Council meeting. She noted that a formal request pursuant to the applicable sections of the South Bend Municipal Code were followed. Copies of the August 2, 1994 letter from the City Attorney's office, the August 3, 1994 letter from Mr. Anthony M. Zappia the attorney for Mr. Dennis Laskowski with attachments were then provided to each of the Council Members. The Council Attorney noted that she had been in contact with the City Attorney's office who will handling representation of the Historic Preservation Commission as well as the attorney for Mr.Laskowski,Mr. Zappia with regard to setting up procedures. She then handed out a proposed format for discussion (copy attached). She noted that both attorneys, namely Mr. Zappia and Aladean M. Derose were in agreement with the recommended procedures. She indicated that there are two basic issues for review as highlighted on the first page of the handout.