09-25-95 Zoning & Annexation - Laserfiche WebLink

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€ommittu Zeport: Zoning and Annexation Committee to the tommott Couttuil of OS City of 16outb The September 25, 1995 meeting of the Zoning and Annexation Committee was called to order by its Council Member Ann Puzzello in light of the absence of the Chairperson and Vice Chairperson at 3:55 P.M.in the Council informal meeting room. Persons in attendance included Council Members: Luecke, Kelly, Washington, Zakrzewski,Puzzello, and Ladewski; John Byorni, John Peddycord, Citizen Member Bill Eagan, Don Porter, Mark Lenyo, Citizen Member Doug Carpenter, and Kathleen Cekanski-Farrand. Council Member Puzzello noted that the first item on the agenda was to review Bill No. 44-95 which is a zoning request for the properties located at 2401, 2405, 2409-2411, 2413-2415, 2419 and 2421 Lincoln Way West; 1054 Fremont Street and 1047-1049 and 1053 North Olive Street. Mr. John Byorni reviewed the site plan (copy attached)and noted that it received a favorable recommendation from the Area Plan Commission. Mr. John Peddycord the attorney for the petitioner made the presentation. He noted that Hook's was bought out by Revco and that the project is bigger than originally proposed. The project is subject to a BZA parking variance request to reduce the parking from 57 to 45 spaces. He also noted that there would be 1 to 2 service trucks per week. Following discussion Council Member Luecke made a motion, seconded by Citizen Member Doug Carpenter that Bill No. 44-95 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 49-95 which is a zoning ordinance to amend Section 21-18 of the South Bend Municipal Code . Mr John Byorni noted that this is a Common Council initiated ordinance and received a favorable recommendation from the Area Plan Commission. He also noted that the substitute Bill before the Committee is different form the one heard however it is a technical correction referring to paragraph f instead of e. The Council Attorney noted that both she and John Broden had discussed this and recommend the substitute Bill to the Common Council. Council Member Ann Puzzello, the author of the Bill made the presentation. She noted that the Bill would prohibit within 500 feet of a residential use the establishment of an adult business. It provides protections for uses in areas which are non-residential in use description pursuant to the zoning code however actually being used as a residential property and are legally grandfathered. She noted that herself, John Broden, and Chief Marciniak will provide further information at tonights Common Council meeting. Council Member Puzzello noted that she had received a letter from Council Member Slavinskas in favor of the Bill and would read the letter into the records at this evenings meeting. Mr. John Peddycord an attorney for Eslinger Home Furnishings and business owners on South Main and South Michigan spoke in favor of the proposed Bill. He further noted that he is challenging Mr. Fozo's determination which will be heard by the BZA at the October 19th meeting.