08-11-03 Council Meeting Minutes

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REGULAR MEETING AUGUST 11, 2003 out that Between the Buns received a special exception and he should have one too. She stated that if everyone that comes along is granted a special exception the area will become like South Michigan Street. He also stated at the Board of Zoning Appeals Public Hearing that his establishment will be upscale and only people rich enough to afford his high prices will attend. Ms. Mundt stated that as long as this business is open to the public Mr. Heintzelman cannot control who comes to his business and what they do outside his club as they come and go. Additionally, Mr. Heintzelman stated that he will stay open until 3:00 a.m. Monday thru Saturday. Even though a person cannot see their houses from the front of the building, the residents can stand on Charles Street and have a full view of ninety -nine per cent (99 %) of the side of the building including the back door area and the parking area that customers would utilize. She noted that it is an an open space where noise would radiate back to their homes. If customers do not notice their houses they would be more apt to make noise not realizing that people are trying to sleep and are being disturbed. Also, no other businesses in the area including Between the Buns is open beyond midnight except Coach's Bar further down the street. Therefore, in keeping with the environment of South Bend Avenue, no business going into 1902 South Bend Avenue should be allowed to be open past midnight. She stated that even with such restrictions placed on Oscar's, it is an unacceptable business no matter who owns it because it harms the health and welfare of the neighborhood no matter how the owner makes his business sound. Ms. Mundt stated that residents of Charles Street take walks in the area and there are quite a lot of beer bottles and cans littering the whole area from these establishments and they do not need another liquor establishment in this area. She stated that the one thousand foot (1000') rule is a very good rule to help protect families and they are within two hundred feet (200') of that building. Ms. Mary Ellen Mundt, 1944 Charles Street, South Bend, Indiana, informed the Council and she and her disabled husband need undisturbed sleep every night. They do not want to hear music coming out of Oscar's every time the door opens or car doors slamming and loud customers in the parking lot all through the night until 3 a.m. They counted thirty six (36) spaces in the entire lot. The eight (8) in front of Bull's Eye Liquor are needed by that store. Twenty -five (25) of the thirty - six (36) are located in the back areas within two hundred feet (200') of Charles Street and most are visible from Charles Street. This means that most customers will be parking in an area that would disturb their sleep. Additionally, there is a direct exist from the building past the liquor store onto Charles Street. Ms. Mundt stated that the owner cannot control where or how people drive when they come and go and Charles Street is always being used as a short cut between Edison and South Bend Avenue. They do not want added night traffic on their street by people who have been drinking. She noted that there are eight (8) places that sell or serve alcohol within five- tenths of a mile between Edison and Ironwood on South Bend Avenue and they do not want a ninth establishment so close to their neighborhood. Ms. Mundt further stated that at the Board of Zoning Appeals meeting Mr. Heintzelman indicated that he can stand on his property and look in all directions and not see any houses and that is false because the residents can see the building. She further noted that Mr. Heintzelman sent everyone on Charles Street a letter before the Board of Zoning Appeals offering them a free night of pool and stating his intention to move to this location. Ms. Mundt stated that she is insulted that he sent them a letter that looked very much like a bribe to not speak against the move. Yet, when they do oppose his move to this location he acts as if he doesn't know they exist. She stated that the Board of Zoning Appeals gave this petition a favorable recommendation based only on Mr. Heintzelman's perceived reputation. That decision should be based on facts and not personal feeling about the owners perceived reputation. The fact is that Oscar's Billiard's is a controlled use and would be closer than one thousand feet (1000') of two (2) _, l___ 1 _-3 ________t___t___- -_11_____A 11 d_ ItX___A�A4L_aal__ —_1_- 1- ___1.1 L____L_1.7___.1 mot___