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Home My WebLink About09-11-17 Zoning and Annexation O�,OU TR 8� U C W Bence ty" 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK ZONING &ANNEXATION SEPTEMBER 11, 2017 3:45 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden Committee Members Absent: None Other Council Present: Karen White, Tim Scott, Regina Williams-Preston (late) Other Council Absent: Randy Kelly, Dr. David Varner Others Present: Graham Sparks, Bob Palmer Presenters: Ayoka Paek, Larry Magliozzi, Chuck Bulot Agenda: Bill No. 17-48- Special Exception for property at 1206 Dunham Bill No. 17-49- Special Exception for property at 4321 S. Michigan St. (Continued) Bill No. 17-50- Special Exception for property at 315 N. Main Street Bill No. 17-51- Special Exception for property at 602 Colfax Transfer of ABZA&Zoning Administration from the Building Department to APC- Larry Magliozzi,Executive Director of the Area Plan Commission(APC) Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 3:45 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters Bill No. 17-48- Special Exception for Property at 1206 Dunham Ayoka Paek, Zoning and Business Services Administrator for the Building Department located at 125 S. Lafayette Boulevard, stated, This special exception petition for a duplex in an SF-2, Single-Family/Two (2)-Family District comes to you with a favorable recommendation from the Area Board of Zoning Appeals (ABZA). The ABZA also approved a variance from four(4) parking spaces to two (2). The residence had previously been used as a Two (2)-Family dwelling 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173-TDD 574-235-5567•www.SouthBend[N.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS but did not meet the requirements for the legal non-conforming use having been abandoned for more than twelve (12)months since 2004.No one spoke in remonstrance of the application at the ABZA meeting. Committee Chair Davis opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Gavin Ferlic made a motion to send Bill No. 17-48 to the full Council with no recommendation. Committee Chair Davis seconded the motion which carried unanimously by a voice vote of four(4). Bill No. 17-49- Special Exception for property at 4321 S.Michican St. (Continued) Committeemember Ferlic made motion to continue Bill No. 17-49 indefinitely. Committeemember Jo M. Broden seconded this motion which carried unanimously by a voice vote of four(4) ayes. Bill No. 17-50- Special Exception for property at 315 N. Main Street Committeemember Ferlic made motion to continue Bill No. 17-50 indefinitely. Committeemember Jo M. Broden seconded this motion which carried unanimously by a voice vote of four(4) ayes. Bill No. 17-51- Special Exception for property at 602 Colfax Ms. Paek stated, This special exception petition comes to you with a favorable recommendation from the ABZA. It is for a Single-Family dwelling in a Mixed-Use District. This property was previously used as a Single-Family dwelling but did not meet the requirement of legal non- conformance having been abandoned for more than twelve (12)months since 2004. The ABZA also approved a variance from the required single parking spot to no parking spots.No one spoke in remonstrance in the ABZA against this special exception. Committeemember John Voorde asked, What is taken into consideration when approving parking spot variances? Ms. Paek replied, In this case there wasn't much conversation about the approval, but there was no opposition from the Board regarding the request. Committee Chair Davis opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Gavin Ferlic made a motion to send Bill No. 17-51 to the full Council with no recommendation. Committeemember Voorde seconded the motion which carried unanimously by a voice vote of four(4). Transfer of ABZA & Zoning Administration from the Building Department to APC-Larry Magliozzi,Executive Director of the Area Plan Commission (APC) 2 Larry Magliozzi, Director of the Area Plan Commission with offices on the 11th floor of the County-City Building, stated, We have returned to follow up on our conversation had at the previous meeting and to answer any questions. He provided the Committee and Councilmembers with a handout that highlights the consolidation of services. He continued, Throughout numerous different directors, the consolidation of services had been happening but we feel this is the year we can successfully accomplish the full transfer of the administrative functions to the Area Plan Commission. He then briefly went over the handout describing the responsibility shifts. Councilmember Tim Scott asked, Does-the County Council and City Administration support this move? Mr. Magliozzi replied, I have not heard anything negative from the City Administration. The County Council has appropriated some extra part-time position dollars for 2018 and they finalize their budget on October 26, 2017. They allocated some dollars that would otherwise be covered by Zoning Appeal fees that I will start to collect. Councilmember Regina Williams-Preston arrived at the meeting at 3:56 p.m. Councilmember Scott then asked, Is there an overall savings in dollar amount that you guys proj ect? Mr. Magliozzi replied,Not necessarily. This is solely to address the administrative efficiencies, not budgetary purposes. Committeemember Broden asked,Are there any staffing changes this will make for the Building Department? Chuck Bulot, Building Commissioner of the Building Department with offices at 125 S. Lafayette Boulevard, stated, We are in between the budgeting and the actualization of this process. So until this is actually done, I can't say for certain how that will affect the staffing. That being said, there are some internal changes that we are doing in terms of function and resources that will help us operate better within the Department. We are shifting some responsibilities. Councilmember Scott asked, What is the dollar amount the City provides the Building Department for your services? Mr. Bulot replied, The City does not provide the Building Department any money. We are self- funded and all of our revenue comes from permitting and other things. Councilmember Karen White asked, What would be the level of communication and transparency between the APC and the Building Department as you move forward with shifting responsibilities? Mr. Bulot replied, It would be totally clear. 3 Committee Chair Davis requested to hear from the City Administration and have another discussion about this negotiation process on September 25, 2017. Councilmember Broden asked, What is the outcome with petitioners on all of this? What are the pros and cons on the petitioner's side of things? Mr. Bulot replied, In general, it results in better service. There have been so many times when petitioners have had to go back and forth across the street to get information. This streamlines the information as well as the point of entry. Councilmember Broden then asked, Earlier there had been brought up the expansion of the notification boundary and is this something we could tuck into that? Mr. Magliozzi replied, That is a separate issue. The County Council has gone ahead and authorized the expansion of notification boundary. The Common Council has not acted on that. That is a different discussion and can happen independent of this. However if this is to pass, there will be some changes to the ordinance you must subsequently pass. Specifically,to the interlocal agreement as well as the administrative responsibilities section. We may also change the meeting date to better serve the petitioners. Sue Kessim, 4022 Kennedy Drive, stated, I think it'is important to keep notifying neighbors in the surrounding area. With no further business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at 4:10 p.m. R;er ,S 1 e Chair 4