04-13-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING APRIL 13, 2009 BILL NO. 07-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow Residential property. On site is a former doctor’s office with a second floor apartment. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east across Eddy are single family homes zoned SF1 Single Family and Two Family District. To the south is an accountant’s office zoned MU Mixed Use District. To the west are single family homes zoned SF2 Single Family and Two Family District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. The majority of the properties on the west side of Eddy Street between Jefferson and South Street were zoned MU in 2004 to reflect the mix of existing uses. There have been no rezonings in the immediate area since then. To the east, Eddy Street (State Road 23) a four lane street. To the north, Wayne Street is two lanes. The Staff received a letter from the Howard Park Neighborhood Association. They support the rezoning to single family. They would be less supportive of a two family dwelling, or a house where more than two unrelated persons reside. A Special Exception would be required for this structure to be converted to a duplex. A duplex would be allowed under the current zoning. Wayne Street to the west is primarily a single family neighborhood, and in part of the Howard Park/East Race Neighborhood Association and Howard Park National Register Historic District. To the east, Wayne Street is a single family neighborhood in the East Wayne Street Historical District. Small office uses front on Eddy Street/State Road 23 to the south. The most desirable use is a single family home or an office. This rezoning will not affect surrounding property values. It is responsible development and growth to allow a former office to be converted back to the original use of the property which was single family. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. She stated that although the ground floor was a doctor’s office, it has been vacant for many years. The conversion of this structure to a home would be as asset to the neighborhood. Ms. Marsha McMillen, 10108 Tudor, made the presentation on behalf of the owner Elizabeth Lauber, 51387 Portage Road, South Bend, Indiana. Ms. McMillen advised that Ms. Lauber would like to redesign the home back to a single- family dwelling. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Martha Lewis, 308 S. Frances Street, South Bend, Indiana, spoke in favor of this bill. Ms. Lewis stated that she encourages structures going back to the SF2 Single Family and two family homes again. She urged the Council’s favorable consideration of this bill. 7