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Zoning and Annexation Committee October 9, 2000 Page 2 Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 69-00 be recommended favorably to Council. The motion passed. Chairperson White then noted that the Council has received a letter from John Oxian, Acting Director of the Historic Preservation Commission, (copy attached) requesting that Bill No. 77-00 addressing a local landmark petition for the property located at 229 South William be continued until November 13th. Chairperson White further noted that a second letter from Mr. Oxian was received regarding Bill No. 10-00 regarding a proposed historic landmark designation for the property located at 3016 Portage Avenue and Bill No. 52-00 regarding a proposed historic landmark designation for the property located at 108 North Main Street(copy attached), requesting that both Bills be continued until the November 13th Council meeting. The Committee then reviewed Substitute Bill No. 71-00 which would amend Chapter 21 of the South Bend Municipal Code to allow the reconstruction of a non-conforming singe-family home. Mr. Byorni, Assistant Director of Area Plan, noted that this Bill was initiated by the Area Plan Commission. It would create procedures similar to those existing in St. Joseph County which would permit a person to rebuild a home when destroyed by fire or other disaster if it is destroyed by fifty percent(50%)or more. It would be limited to single-family reconstruction only. It received favorable recommendations from both the staff as well as the Area Plan Commission. Council Member Kelly noted that he had discussions with Mr. Fozo, Building Commissioner and the Area Plan Staff requesting that this Bill be drafted since current zoning regulations require a person to go through the entire rezoning process if their home is destroyed by fifty percent of more currently. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner,that Substitute Bill No. 71-00 be recommended favorably to Council. The motion passed. Chairperson White then noted that the next item before the Committee was Substitute Bill No. 00-113 which is a proposed resolution seeking the approval of a petition of the South Bend Board of Zoning Appeals for the property located at 615 North Michigan Street. Council Member Coleman noted for the record that he has a business relationship with the petitioner of Bill No. 00-113. He stated that he contacted both the City Attorney's Office and the Council Attorney, who each independently have concluded that Council Member Coleman does not have a substantial or material conflict of interest, and therefore may participate in the discussion and vote on Bill No. 00-113. Building Commissioner Don Fozo noted that the Board of Zoning Appeals had a public hearing on Bill No. 00-113 on September 21st and September 26th and send the proposed resolution to the Council with a favorable recommendation with the vote being 3-0. He further noted that a complete set of the transcript of the BZA minutes of those meetings has been provided to the Council Attorney(copy attached). Assistant Director John Byorni of Area Plan noted for the record that the Area Plan Commission office received the petition and proposed site plan on September 6, 2000 and that the