01-28-13 Zoning & Annexation - Laserfiche WebLink

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ZONING &ANNEXATION JANUARY 28, 2013 3:36 P.M. Committee Members Present: Dr. Fred Ferlic, Oliver Davis, Henry Davis, Gavin Ferlic Other Council Present: Tim Scott, Valerie Schey, Dr. David Varner, Karen White, Derek Dieter Others Present:Kathryn Roos, Erin Blasko, Mike Schmuhl, Mark Lyons, David Martin, Noel Ullery, David Guthrie, Bill Morley, Dale Swafford, Ingrid Mathias, Ann Mannix, Scott Ford, Ahdrew Elegante, Mike Danch Agenda: Bill No. 13-07—Special Exception 127 W.Washington Bill No. 13-08—Special Exception 1107 Mishawaka Avenue Bill No. 13-09—Special Exception 819 Oak Street Bill No. 13-10—Special Exception 212-216 S. Michigan Street Bill No. 13-11 —Special Exception 323-327 St. Louis Street Dr. Fred Ferlic, Chairperson of the Zoning &Annexation Committee opened the hearing with all members present to consider five items on the agenda. The first item was Bill NO. 13-07, a special exception request for a tattoo/body art business in the downtown at 127 W.Washington. Mark Lyons, Assistant Building Administrator, reported the Board of Zoning Appeals(BZA)forwarded to the Council a unanimous favorable recommendation. He said six people spoke in favor of the petition and two spoke against at the BZA hearing. David Martin, the owner, artist, petitioner made a brief presentation. He cited his experience as an artist and successful business owner. Mr. Martin went on to explain he was licensed by the County, never having had a complaint or citation at his present location. He also said he addressed the signage and hours of operation concerns voiced by Aaron Perri from DTSB. Four spoke in support of Mr. Martin's petition focusing on his good name and professionalism. Ingrid Mathias spoke in opposition on behalf of 1St Source Bank suggestion their concern that a"tattoo parlor" might not be compatible with other downtown commerce. After brief Council discussion Gavin Ferlic motioned a favorable recommendation. Oliver Davis followed with a second which all affirmed. Bill No. 13-08, a request for a tattoo parlor at 1107 Mishawaka Avenue was next Mark Lyons reported the BZA hearing resulted in a unanimous unfavorable recommendation. The petitioner was not present and was heard to want to remove his request. Council Attorney Kathy Cekanski-Farrand said time requirements imposed by state law on the Council to take action within 60 days of the filing meant the Council needed to take action at the evening meeting. Failure to take action would grant approval to the petition, automatically. She added that a request to withdraw the petition needed to be in writing and received prior to the 7:00 p.m. meeting. Based upon that Oliver Davis motioned for no recommendation. Gavin Ferlic seconded and all agreed. Bill No. 13-09 was a request by Ann Mannix, working in a public/private partnership with South Bend Heritage, seeking a special exception for 819 Oak Street. This vacant and abandoned house scheduled for demolition was acquired by Mrs. Mannix who partnered with SBH to access funds for demolition and construction of a single-family home on the 37'wide lot. The lot presently zoned multi-family needed to be changed to single-family. Henry Davis expressed concern that the Council needed to be mindful of assuring public/private partnerships formed like this to access public dollars were providing the public benefits intended when using public dollars. Ultimately Oliver Davis and Gavin Ferlic motioned and seconded approval. All affirmed.