04-07-75 Council Meeting Minutes

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(: .,I REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) there would be a one -way entrance into the property. Councilman Miller made a motion to amend the ordinance by changing the zoning classification from "C" Commercial to "B" Residential, seconded by Councilman Serge. The motion carried. Councilman Kopczynski referred to the photographs Mr. Groves had presented to the Council. He wondered about the use of the trails shown on the pictures. He also wondered about a site plan for the property. Mr. Groves indicated that he did not know what the trails were used for. He explained that an amended site plan would be provided, and he presented the Council with a proposed site plan. Councilman Kopczynski-indicated that many full -grown trees were located on the property. He wondered how many trees would be preserve Mr. Groves indicated that many of the trees would be preserved because there was a great deal of vacant property for construction of the buildings. Councilman Szymkowiak wondered about the number of parking spaces needed, and he asked about possible expansion. Mr. Groves indicated that there would be 133 parking spaces provided for based upon the number of units involved. Councilm Serge wondered about the assessed valuation of the proposed buildings, and Mr. Groves stated that the buildings would be modern professional buildings, and he could not make any comment on the valuation. He pointed out that the property was of no great value being vacant. Councilman Miller asked if all traffic would exit from 35th, and Mr. Groves indicated that it would. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Taylor. The motion carried. Councilman Miller made a motion that items F and G be considered together as they both concerned the redefinition of the word "family" in the zoning code, seconded by Councilman Taylor. The motion carried. ORDINANCES AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Parent) and AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Szymkowiak). This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the first ordinance. He stated that he had sponsored the ordinance on behalf of the resident of the Harter Heights area. He stated that the ordinance was a result of many telephone calls received by him concerning the issue. He requested that the ordinance be amended as follows: Paragraph 21- 1(a)(6) to read: Boarding house means a building other than a hotel, where lodging and meals are provided for three (3) or more persons whether or not for compensation. Paragraph 21- 1(a)(31) to read: Lodging house means a dwelling, other than a hotel in which more than two (2) persons are given lodging whether or not for compensation. Paragraph 21- 8(a)(5) to read: Uses customarily incident to any of the above uses and not involving the conduct of a business, except that the legal titleholder to a dwelling, living in such dwelling for not less than nine (9) months during the calendar year, may provide lodging for no more than two (2) persons whether or not for compensation. Council President Parent talked about the necessity of preventing the deterioration of the neighborhoods. He indicated that, in many of the "A" Residential Districts, there were land -use changes. He stated that these uses were uncontrolled and not sanctioned because of the vague definition of the word "family" in the zoning ordinance. In 1923, South Bend passed a zoning ordinance which divided the city into districts. At the same time, the ordinances established a procedure for going through zoning changes. He briefly explained the zoning change procedure. He indicated that any number of people could live as a family in a residential district. In the proposed ordinance, the definition of family would be: One or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, legal adoption or marriage, shall be deemed to constitute a family. A person or persons residing with a family as hereinabove defined by reason of placement by a publicly licensed placement agency shall be considered as members of that family. Council President Parent stated that it was more profitable to rent property to a number of un- related persons rather than one family. He felt the price rental structure was affected by this. The ordinance would reduce the financial incentive to rent one - family homes at high prices that families could not afford. He talked about the need for the doubling up of poor families. He indicated that instances of this kind were not frequently found in the "A" Residential Districts and, therefore, would not be affected very much. He talked about lifestyles in South Bend and expressed concern that some people feel the ordinance would be "a government intrusion into their homes ". He talked about neighborhood health facilities and the need for these types of rehabili- tation facilities in the neighborhoods. He felt this issue should be dealt with separately. He also felt that homes with many bedrooms might have to be dealt with separately; however, he felt these instances would not occur too often in the "A" Residential District. He urged passage of t ordinance. Mr. Andrew Plodowski, 515 East Angela Boulevard, indicated that he was the attorney representing the A- Residential Association of South Bend, which organization supported the ordinance signed by