HomeMy WebLinkAbout08/27/07 Committee Meeting MinutesZonin and Annexation Committee Meetin
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2007 South Bend Common Council
The August 27, 2007 meeting of the Zoning and Annexation Committee of the South
Bend Common Council was called to order by its Chairperson, Council Member AI
"Buddy" Kirsits at 3:06 p.m. i the Council's Informal Meeting Room.
Persons in attendance included Council Members Rouse, Pfeifer, Puzzello, Kirsits,
Dieter, and Kuspa; Mark Lyons, Martha Lewis, Chris Dressel, Larry Steele, James
Groves, Building Commissioner Don Fozo, Mike Danch, John A. Kubinski, City Clerk
John Voorde, Jamie Loo of the Soufh Bend Tribune and Kathleen Cekanski-Farrand,
Council Attorney.
Council Member Kirsits noted that the committee members include Council Members
Kuspa, Pfeifer, Varner and himself.
Sulbstitute Bill No, 34-05 Rezonin Re uest for Pro ert Located in the 34017
Block of Northside Boulevard in the 3~ Councilmanic District:
Council Member Kirsits called for a report from the staff of the Area Plan on Substitute
Bil[ No. 34-05 which is a request to rezone the property located in the 34{}0 Block of
Northside Boulevard located in Councilmanic District 3 (copy attached)
Mark Lyons, a staff member with the Area Plan Commission noted that the Area Plan
Commission head a public hearing on July 19, 2005 with Bill No. 34-05 receiving an
unfavorable recommendation. He noted that since that public hearing was held, that
the petitioner has revised the proposal which is now proposed to have twenty-four (24)
2-story units which would be town houses and town villas.
In response to a question from Council Member Puzzello, Mr. Lyons stated that the
changes would be tied to the site plan.
Michael J. Danch, President of Danch, Horner & Associates, Inc. with offices at 1643
Commerce Drive in South Bend, Indiana 46628 provided a copy of the site plan (copy
attached) reflected the changes incorporated into Substitute Bill No. 34-05. He noted
that his client, Tiberius Mahalache, met three (3) times with the neighbors and has two
(2) letters of support of the revised plan. He noted that originally they proposed twenty-
eight (28) condominiums and two (2) main buildings. As a result of comments Pram the
residents the proposal has been down-sized to twenty-four (24) total units which will
look more like single-family homes. They will need to apply for permission from the
DNR since some of the units are proposed to be near the flood plain; and that they have
submitted a letter to the DNR. All proposed units have been moved away from the flood
way area. The substitute bill reflects single-family attached homes; and thus they are
now required to go before the Board of Zoning Appeals for variances. Mr. Danch
requested that the Substitute Bil[ be approved subject to a final site plan and the
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August 27, 2007
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representations set forth in the August 7, 2007 letter signed by Tibi Mihalache (copy
attached)
Chris Dressel of the Department of Community and Economic Development spoke in
favor of Substitute Bill No. 34-05. He noted that there has been substantial investment
in the River Park area and this would add to the diversity of housing opportunities in this
neighborhood.
Larry Steele, President of the River Park Neighborhood Association noted that they
have not taken a formal vote on the latest proposal, however most neighbors have
voiced favorable comments when they have seen the latest site plan.
Dr. Vanrer noted that the additional time and effort resulted in positive results, and
thanked all concern for their added efforts.
Council Member Kirsits complimented all sides in their efforts to work out a compromise
which could move forward.
Council Member Kuspa noted that the project took much more time than originally
anticipated but now it will be a project that will bring "beauty to the river area".
Following discussion, Council Member Kuspa made a motion, seconded by Dr. Varner
that Substitute Bill No. 34-05 be recommended favorably to Council and be subject to
written commitments addressing the items in the August 7, 2007 letter from the
petitioner to the Friends of River Park (attached). The motion passed.
Bill No. €~7-93: S ecial Exce tion Re nested for the Pro ert Located at 352{l
Western:
Council Member Kirsits asked for a report from the Board of Zoning Appeals on Bill No.
07-93 which is a request of Samuel and Artemia Diaz for the property located at 3520
Western Avenue.
Don Fozo, Building Commissioner, reported that the Board of Zoning Appeals held a
public hearing on July 19, 2007 on the special exception request. It would permit the
petitioner to construct an off-street parking lot to be used for a restaurant located at
3602 Western Avenue. The Board of Zoning Appeals sends a favorable
recommendation on the request to the Council.
James F. Groves, an attorney with offices located at 205 West Jefferson Boulevard,
Suite 502 in downtown South Bend made the formal presentation. Mr. Graves noted
that he represents the Diaz brothers, Samuel and Artemio. He showed a map of the
area in question. He stated that his clients purchased the property, noting that neither
of the brothers speaks English, however he worked with their relative who interpreted
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Aug~st27,2007
Page 3
their conversations. Both brothers work long hours in a loco[ plant and that "this is their
dream-to run and own their own restaurant". The request is for off-street parking for
their 72-seat restaurant, They will do all needed improvements.
In response to a question from Council Member Puzzella, Mr. Groves stated that his
clients understand that all required paving and screening requirements must be met.
He stated that his clients paid cash for the property and that their restaurant will be a
family Mexican restaurant.
Council Member Pfeifer stated that she hopes the venture will be a success. She
voiced concern however whether the clients fully understood all of the conditions, in
light of their inability to speak English.
Mr. Groves stated that their relative translated all of their conversations, and that he
also speaks Spanish. He stated that he would bring this lady to tonight's Council
meeting.
Council Member Kuspa stated that this "corner is a dead corner", and he welcomes the
investment the petitioners are making to the neighborhood.
Dr. Varner stated that he welcomes the private investment.
Council Member Kirstis stated that he ton welcomes the improvements which the
Petitioners will be making.
Following discussion, Dr. Varner made a motion, seconded by Council Member Kuspa
that Bill No. 07-93 be recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Council Member Kirsits
adjourned the meeting at 3:40 p.m.
Respectfully submitted, ~~.. " ~~
Council Member Al "Buddy" Kirsits, Chairperson ~
Zoning and Annexation Committee
Attachments
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Zoning and Annexation Committee Meeting