07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 Mr. Lyons advised that the petitioner is seeking a special exception to allow a group home in a “MU” Mixed Use District. He stated that the petitioner would like to operate a half-way house and this location for recovering drug and alcohol rehabilitation. He stated that the mixed use district does not allow single family homes, so regardless of how this petition turns out the home could not be converted to single-family; it could be used as a multi-family sense or another office similar to the previous. He stated that the Area Board of Zoning Appeals held a public hearing on July 1, 2009 and sends this bill to the Common Council with a favorable recommendation with a vote of 5-2. Councilmember Henry Davis questioned Mr. Lyons’s comment on mixed-use. Mr. Lyons stated that the mixed-use district in which this home is located does not permit single family residential use. Councilmember Kirsits asked that if this home is sold and somebody wanted to convert it back to a SF2, they could come to the Council and petition for that rezoning. Mr. Lyons stated that yes they could be rezoned SF2 for single family use. Council President Dieter asked Mr. Lyons what was the vote in Area Plan. Mr. Lyons stated that he did not know the vote, but stated that the Area Plan Commission sent the petition to the Area Board of Zoning Appeals with an unfavorable recommendation. Councilmember Oliver Davis asked if Mr. Lyons had the recommendations from the Area Plan Commission. Mr. Lyons stated that he did not have the recommendations from the Area Plan Commission, only from the Area Board of Zoning Appeals. Councilmember Rouse noted that the Area Board of Zoning Appeals received it with an unfavorable recommendation, and then what was the basis for them approving it, given the Area Plans unfavorable recommendation. Mr. Lyons stated that the favorable recommendation was based on that the board felt it was compatible with the other similar establishments that had been located in the area. Mr. Arthur Carruthers, 1122 Enchanted Forest, South Bend, Indiana, made the presentation for this bill. Mr. Carruthers advised that he is seeking a special exception to open up a half-way house at 220 S. Taylor Street. He noted that as it was mentioned at the Zoning and Annexation Committee meeting this afternoon, the location is convenient, but it appears that there is some sort of contradiction about what he is doing and what the purpose is for the City of South Bend and the community. He stated that everyone is focused on the wrong thing. So he stated that he might be a little out of line saying that everyone is naïve to the fact that drug addiction and alcoholism is all around us. Mr. Carruthers stated that this is a disease that actually is an epidemic in everyone’s area, whether it is right next door or down the street, ten blocks away or a mile away. The purpose of the half-way house is to bring something new to the community to help support what’s going on. He stated that it is a fight against drug addiction and alcoholism. He stated that it is no different than the fight against the drivers with the cell phones as was previously mentioned earlier this evening. He stated that it is along the same line just stated a little different. He stated that he was saddened earlier about the fact that the committee gave this bill an unfavorable recommendation, based on the fact that he did not go around and meet the residents in the area. He stated that seemed a little prejudice to him. He also stated that a City Councilmember mentioned that when a half-way house or group home went into their district, which was Madison Center, they voted favorably for it. Mr. Carruthers stated that also seemed prejudice to him. He advised the Council that this is their City and that they cannot just sit there and do nothing when things are erupting all around 12