01-13-97 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee January 13, 1997 Page 2 noted that the property in question is the entrance to a residential area and deserves protection. Mr. Thomas Walz, the attorney for the petitioners, made the presentation. He then introduced the Szlanfucht family, six members of whom were present, who own and operate Fox Real Estate who do business as J. R. Fox Manufacturing Jewelers, Inc. Mr. Walz noted that the Board of Zoning Appeals have granted the variance with regard to the set back and also to reduce the zoning requirements for parking from fourteen spaces to twelve spaces. He noted that his client would make an improvement to the area approximately$250,000.00 and that until today no comments had been received from the neighborhood. Mr.Walz also provided pictures of the area in question. (copies attached) Mr. Greg Kil, the architect, spoke in favor of the proposed rezoning and reviewed the site plan. Mr. Doug Szlanfucht spoke in favor of the proposed rezoning along with his sister Peggy , both of whom live in the south side of the City of South Bend. During the public portion, Gayle Gartee spoke in opposition to the proposed rezoning. She stated that she has a petition signed by eighty-one individuals (copy attached)from the Broadmoor Area. She noted that the hearings before the BZA and the Area Plan Commission both took place during the holiday season with many of the residents not having the opportunity to attend in light of family obligations. She also noted that the property in question has been a buffer for over forty years. Mr. Robert Taylor also spoke in opposition to the proposed rezoning. He noted that he was a South Bend Common Council member for this district from 1972 to 1988. He noted that while he was on the City Council there was never a change in zoning in the Broadmoor area or the Scottsdale home area to change a residential use to a commercial use. The integrity of both of these neighborhoods must be maintained. He saw this proposed rezoning as a wake up call to the neighborhood. He stated that although he has done business with the Szlanfucht family for many years and finds them to be fine business individuals, that this is a zoning issue and it is not appropriate for this location. He then summarized reasons from the Area Plan Staff which were part of the minutes regarding the proposed rezoning. Reasons against the rezoning include the following: that it would be an intrusion into a residential area; that the lot was too small without variance; that a expansion of"C"commercial would be an intrusion and would deteriorate the residential character of the neighborhood; that"F'height and area is the least restrictive cost vacation; that there are other suitable commercial sites along Ireland Road; that would have a substantial negative impact; that residential zoning is the most appropriate zoning for the area; that preserving the residential character includes preserving the entrance to this sub- division. He also indicated that the residential zoning classification is the highest and best use for the area in question,and that the depth of the lot does not lend itself to a commercial rezoning. He also indicated that the house in question was not on the market for a very long period of time. He summarized that the professional staff of the Area Plan Commission recommended against the proposed rezoning and that only the"lay people"of the Area Plan Commission who are not subject to the electorate made a favorable recommendation.