06-24-02 Council Meeting Minutes

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REGULAR MEETING JUNE 24, 2002 Mr. Myers advised that the petitioner is requesting a zone change from "A" Residential and `B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a used car lot. The property currently contains a single- family home and vacant land. Located to the north are single - family homes zoned "A" Residential, "A" Height and Area; to the east are single- family homes zoned "A" Residential, "A" Height and Area and vacant property zoned "C" Commercial, "A" Height and Area; to the south across Lincolnway West are single - family homes zoned `B" Residential, "A" Height and Area; and to the west across Eclipse Place are single - family homes zoned `B" Residential, "A" Height and Area. Access to the site is from both Eclipse Place and Lincolnway West. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is twenty -two thousand sixty -eight (22,068) square feet. Of that, the buildings will occupy fifteen per cent (15 %) of the site, the parking and drives will occupy thirty -four per cent (34 %) of the site and fifty -one per cent (51 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The Area Plan Commission at its Public Hearing held on May 21, 2002, sent this petition to the Council with an unfavorable recommendation. The property is located in a predominately residentially zoned and used area. It is the Commission's opinion that future commercial development should involve the reuse of existing commercial property rather than infringing on the remaining residential areas. Furthermore, the proposed petition is not consistent with the land use and zoning plans that were formulated by the City and the Land Use and Appearance Subcommittee of the Lincolnway West Steering Committee. The proposed zoning for a portion of this site is "A" Residential, "A" Height and Area, while the other portion of the site is to remain "A" Residential, "A" Height and Area. In addition, there is conflicting information regarding the status of the east /west alley between Lots 5 and 6 and Lot 17. The City Engineering Department has stated that the alley is not vacated, while Schedule A of the Title Insurance Policy states that the alley is vacated. The Commission has requested further proof that the alley is indeed vacated but has not yet received any additional information. It should be noted that the required screening is not currently shown on the site plan. This information along with other changes to the present site plan will need to be made prior to final site plan approval, if this petition is approved. Additionally, the Historic Preservation Commission had 2733 Lincolnway West on its April 15th agenda for first reading recommending that this site, the Mott family home, be designated as a local historic landmark, at the request of the LaSalle Area Neighborhood Association. Because the petitioner was not present at this time, Councilmember Coleman made a motion to table this matter until later in the meeting. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21 ST STREET WEST TO THE FIRST NORTH /SOUTH ALLEY; AND THE FIRST NORTH/SOUTH ALLEY WEST OF 21ST STREET FROM THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE Councilmember Varner made a motion to continue this bill until the July 8, 2002 meeting of the Council at the request of the petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -2-