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HomeMy WebLinkAbout10/22/07 Zoning and Annexation Committee..... Zoning and Annexation Committee Meeting 2007 South Bend Common Council The October 22, 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 4:05 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Rouse, Pfeifer, Puzzello, Kirsits, Dieter, Kelly, Varner, and White; Mayor Stephen J. Luecke, Derek Spier, Interim City Controller John Murphy, Assistant Building Administrator Charles Bulot, Robert Case, Martha Lewis, Bill Stenz, Building Commissioner Don Fozo, Mrs. Kopola, City Clerk John Voorde, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kirsits noted that the committee members include Council Members Kuspa, Pfeifer, Varner and himself. Bill No. 07-126 Request for a Special Exception for Property near 228 Notre Dame Avenue: Council Member Kirsits called for a report from the staff of the Board of Zoning Appeals relative to Bill No. 07-126 requesting a special exception for property located between 228 Notre Dame Avenue and the 1S E-W alley north of Wayne Street. Building Commissioner Don Fozo reported that the petitioner is seeking a special exception for off-site parking in a "MU" District. The Board of Zoning Appeals held a public hearing on this request on September 20, 2007 and sends it to the Common Council with a favorable recommendation (report attached). Derek J. Spier, an Urban Planner with Abonmarche Consultants, LLC with offices located at 750 Lincoln Way East in South Bend made the formal presentation. He stated that the special exception would permit Weiss Homes to utilize the southwest corner of Jefferson Boulevard and Notre Dame Avenue for parking. Mr. Spier then provided a map of the area in question and reviewed it with the Committee (copy attached). There was no one from the public to speak in favor or in opposition to the Bill. Council Member Pfeifer made a motion, seconded by Dr. Varner that Bill No. 07-126 be recommended favorably to Council. The motion passed. Miscellaneous Business: Council Member Kirsits noted that Council President Rouse requested that an email sent to the Council on 125 North Eddy be discussed. Zoning and Annexation Committee Meeting Minutes of October 22, 2007 Page 2 Bill Stenz of 1020 Colfax noted that a week ago Friday there was a party at 125 N. Eddy Street, noting that the property is managed by Mark Kramer. He stated that Chuck Bulot in the Building Department was contacted, and stated that the property was grandfathered. Mr. Stenz voiced concern that there was no public input on this and questioned whether due process rights were protected. He noted that his property abuts the subject property in the back yard and is concerned about parking, snow removal, etc. He stated that the prior owners were located architects and that it was not previously used as a rental for Notre Dame students.. Building Commissioner Don Fozo stated that the property was zoned B Residential prior to May 2004 when the new zoning ordinance took effect. The prior ordinance permitted apartment houses and boarding houses as a permitted use. Based on copies of leases going back to 2003, his office determined that it was a legal non-conforming use since the leases show that four (4) students were housed at this location. Mr. Fozo further noted that if there is other relevant information that would prove this information is incorrect his office would welcome receiving that information. Council Member Puzzello requested that a copy of the 2003 lease be provided to the Council. Mr. Stenz stated again that he has never seen any students living at 125 N. Eddy Street prior to this year. Mr. Fozo agreed to contact the architect who had his offices at this location for additional information. Council Member Kirsits thanked Mr. Stenz for bringing this matter to the attention of the Common Council. He noted that student rentals are popping up in his neighborhood also and that persons must be diligent in making sure that there status is legal. Council Member Puzzello thanked Council President Rouse and Council Member Kirsits for having this discussed today. She noted that items of this type are a continuing concern of hers in her District. She too will continue to monitor properties and bring them to the attention of the Building Department. There being no further business to come before the Committee, Council Member Kirsits adjourned the Committee meeting at 4:18 p.m. Respectfully submitted, ~' !~ Council Member AI "Buddy" Kirsits, Chairperson Zoning and Annexation Committee Attachments