10-14-02 Council Meeting Minutes

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REGULAR MEETING OCTOBER 14, 2002 continue this bill until November 11, 2002. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa reported that the Area Plan Commission conducted a Public Hearing and sent a favorable recommendation to the Council concerning this bill and that the Zoning & Annexation Committee also met on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area to allow uses permitted in the "A" Residential Zoning District. Mr. Myers advised that the property currently contains a single family home. Located to the north is a cemetery and cemetery property zoned "C" Commercial, "D" Height and Area and "A" Residential, "A" Height and Area; to the east and south are single family homes zoned "A" Residential, "A" Height and Area; and to the west across Portage Avenue is a commercial business zoned "C" Commercial, "D" Height and Area and single family homes zone "A" Residential, "A" Height and Area. Access to the site is from Portage 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 one (1) acre. Mr. Myers further advised that a check of the Agency's maps indicates that no flood hazards, wetlands, or environmental hazard areas are present. However, a public well is located northeast of the site. A site plan is not required for rezonings to "A" Residential. The Area Plan Commission, at its Public Hearing held on September 17, 2002, sent this petition to the Common Council with a favorable recommendation. The proposed rezoning would bring the entire site into conformance with the current land use and will be more compatible with the adjacent residentially zoned neighborhood than the commercial uses that could be developed under the existing zoning. Councilmember Aranowski informed the Council that the petitioner is a client of his accounting firm and he deferred to Council Attorney Kathleen Cekanski- Farrand for a ruling on whether or not he could act on this matter. Attorney Cekanski- Farrand advised that based on her review of this matter there is no conflict of interest and Councilmember Aranowski may take part in the debate and voting on this matter. Ms. Doris A. Saucelo, 2254 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Mrs. Saucelo advised that she is asking for this rezoning to change their home from "C" Commercial to "A" Residential because she is selling this property and because the buyers are with FHA, they require that the zoning be residential. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this -2-