04-14-03 Council Meeting Minutes

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REGULAR MEETING APRIL 14, 2003 BILL NO. 15 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1402 MIAMI ST., IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly, Vice - Chairperson, Zoning & Annexation Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, no address given, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "C" Commercial, "E" Height and Area to `B" Residential, "E" Height and Area to allow a three (3) unit residential building. The property currently contains a multi - family residential building. Located to the north are mixed use buildings and single family homes zoned "C" Commercial, `B" Height and Area, located to the east are single family homes zoned `B" Residential, "A" Height and Area, located to the south are single family homes and duplexes zoned "C" Commercial, `B" Height and Area; located to the west are a mixed use building, duplexes and single family homes zoned "D" Light Industrial, `B" Height and Area. Access to the site could be from either the alley or Broadway Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is five thousand forty (5,040) square feet. Of that, the buildings will occupy thirty -four and one half per cent (34.5 %) of the site, the parking and drives will occupy twenty -five per cent (25 %) of the site and forty and one - halfper cent (40.5 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. Mr. Myers further advised that the Area Plan Commission, at its Public Hearing held on March 18, 2003, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The building currently exists as a multi - family building. This rezoning will bring the zoning into conformance with the existing land use. Mr. Myers noted that as currently shown on the site plan a parking variance will be needed for the required parking. However, if they do not provide it there is room on the site for them to do so and they would have to do so prior to final site plan approval. Mr. Peter Ducharme, 1022 Park Avenue, Wauconda, Illinois, made the presentation for this bill. Mr. Ducharme advised that he originally brought this property in 1991, living in one (1) of the units and renting out the other two (2). In 1996 he sold the building on Land Contract to two (2) of the tenants who let the building deteriorate over the next four (4) years with the Department of Code Enforcement getting involved. Because his name was still on the title, he was required to fix up the property. Mr. Ducharme noted that he now has a contract to sell the property. He advised that he invested over thirty thousand dollars ($30,000.00) in the property when he first owned it between 1991 and 1996 and has now put another seventy thousand dollars ($70,000.00) into the building since he took it back in October of 2000. Mr. Ducharme indicated that the building was used as multi- family prior to his purchase in 1991 by the Klingerman's who rented out between one (1) and ■