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HomeMy WebLinkAbout11/12/07 Zoning and Annexation Committee- Zoning and Annexation Committee Meeting 2007 South Bend Common Council The November 12, 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 4:40 p.m. in the Council's Informal Meeting Room, 4th Floor of the County-City Building. Persons in attendance included Council Members Dieter, Kelly, Puzzello, Varner, Rouse and Kirsits, Acting Mayor Charles Leone, Acting Building Commissioner Charles Bulot, Planner Mark Lyons, City Engineer Carl Llttrell, John Murphy, Dr. Robert Zimmerman, School Superintendent of the South Bend Community School Corporation; Lynn Patrick, Catherine Hostetler and Tim Kluszynski of Historic Preservation; Pam Brunette, Marty Wolfson, Larry O. Steele, Paul Jankowski, William Geyer, Lisa Farris, unidentified members of the news media; Martha Lewis, Charlotte Sobel, Kathleen Cekanski-Farrand, Council Attorney, and Jamie Loo of the South Bend Tribune. Council Member Kirsits noted that the committee members include Council Members Kuspa, Pfeifer, Varner and himself; adding that a quorum was not present. Substitute Bill No. 61-07: Proposing the Historic Landmarking of Marquette Primary Center Located at 1905 College: Council Member Kirsits noted that in light of three (3) Council Members being absent [Pfeifer, Kuspa and White] that he believes that such an important measure should have the input of the entire Council. He suggested that Substitute Bill No. 61-07 be continued until the Council Meeting of November 26th. It was noted that the Committee toured three (3) school buildings as part of their due diligence requirements on this matter. Dr. Zimmerman, South Bend Community School Corporation Superintendent stated that he would agree to a continuance, and Tim Kluszynski, President of the Historic Preservation Commission stated that he would also. Mr. Kluszynski inquired whether there would be another Zoning and Annexation Committee meeting on this Bill. He added that the interim protection order expires on November 21St Dr. Zimmerman noted that they have no funds to proceed on the building and would not take any action before November 26tH Council Member Kirsits stated that he would call another committee meeting for November 26tH Dr. Varner and Council Member Kirsits made remarks in favor of the proposed continuance. Zoning and Annexation Committee Meeting Minutes of November 12, 2007 Page 2 Bill No. 53-07: Proposed Re-Zoning of 3030 Northside Boulevard: Council Member Kirsits then called for a presentation on Bill No. 53-07 which seeks a rezoning of the home on 3030 Northside Boulevard. Mark Lyons of the Area Plan Staff reported that the Bill received a public hearing before the Area Plan Commission on October 16, 2007 on the request to rezone from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District. Area Plan sends the request to the Council with an unfavorable recommendation. Larry O. Steele of 3030 Northside Boulevard made the formal presentation on behalf of himself and his wife, Beverly. He stated that the built the home nine (9) years ago and are semi-retired. He provided a 4-page handout (copy attached) depicting the floor plan of the residence, a petition dated October 13, 2007 signed by thirteen (13) neighbors, a 1-page cover letter to the petition signed by himself and his wife, and pone-page map entitled "Variances to be south after rezoning is complete". He noted that he has had several relatives living with him, but now he is renting to two (2) brothers and likes to have people in the home when he and his wife are away. He noted that their driveway is in the right-of-way and do not believe that the proposed rezoning would have a negative impact on the neighborhood. He noted that multi-family exits in the 2700, 2800, 3100 and 3500 blocks. Mr. Steele added that of the nineteen home owners near him, 13 have signed the petition and three (3) are vacant homes. In response to questions from Council Member Puzzello, Acting Building Commissioner Charles Bulot stated that the home was built nine (9) years ago as a single family dwelling. Mr. Bulot stated that there must be solid separation walls existing; there must be independent exterior entrances to the units; and there must be separate utilities. Council Member Kirsits noted that the parking in the area is very tight, noting that the petitioner's driveway is gravel. In response to questions from Dr. Varner, Mr. Steele stated that they own two (2) vehicles however one was recently in an accident. Dr. Varner voiced concern about the parking if the property would be rezoned. In response to questions from Council Member Puzzello, Mr. Bulot stated that if the property is rezoned there could be up to eight (8) persons who could live there. Paul Jankowski of 3038 Northside Boulevard stated that Mr. Steele has a very thorough application process for renters. He lives there and loves the neighborhood. He stated that he believes that someone might have something against Mr. Steele since he received a nasty letter and has been subject to verbal abuse from certain neighbors. Zoning and Annexation Committee Meeting Minutes of November 12, 2007 Page 3 William Geyer of 3032 Northside Boulevard, whose property adjoins that of the petitioner spoke in opposition to the rezoning request. He stated that the house is not designed to accommodate more persons, that there already are parking problems; that it is unsafe due to sight line problems; that the rezoning may negatively impact property values; and that the home would basically become a boarding house. For all of these reasons he asked the Committee to deny the request. City Engineer Carl Llttrell noted that Gary Gilot voted against the request at the Area Plan Commission meeting. The home was originally built with variances which resulted in zero set backs where normally there would be a 25 foot right of way line. Mr. Steele has refused to construct a city sidewalk, and has not hard-surfaced his driveway. The proposed pedestrian/bike path is planned to connect thru this area and with the zero set back it will be difficult to develop. Lisa Farris of 3401 Northside Boulevard spoke in opposition to the request and inquired how complaints are handled by the City. Acting Mayor Charles Leone stated that the City could pursue a cease and desist order once a complaint is filed with the Legal Department. In response to questions from Council Member Puzzello, Mr. Bulot stated that MF1 allows a group residence as a special exception which would require Council action. He then referred to the zoning chapter of the South Bend Municipal Code with regard to a boarding house. He added that there are "no quick answers" in this area, and cited the definition of "family". Council Member Kirsits suggested that perhaps in early 2008 a separate meeting could be held to discuss boarding houses, "family" as defined in the zoning chapter and legal actions taken by the City Attorney's Office could be called. In rebuttal, Mr. Steele stated that he has had conversations with Mr. Fozo and has not decided one way or the other about the sidewalk or to pave his driveway. He stated that since the other homes do not have sidewalks he believes that if he had one it "would look goofy". He did not want to tear up his property until he knows more about the pedestrian/bike path. In response to a question from Dr. Varner, Mr. Lyons stated that the petitioner could rent to one (1) person under the Code. Council President Rouse stated that based on today's discussion there does appear to be a need for further discussion of the zoning regulations and their enforcement. Council Member Kirsits added that it was his understanding from talking with Mr. Fozo that the basic difference between SF1 and SF2 is lot size, and that where he lives it is primarily SF2. He stated that he does not believe that bringing multi-family into this Zoning and Annexation Committee Meeting Minutes of November 12, 2007 Page 4 neighborhood would be appropriate. He noted that in 1999 a renter murdered a home owner in his neighborhood. Market values, vacant homes, public safety, parking are all problems and Council Member Kirsits stated that he believes the SF2 properties must be protected. Dr. Varner stated that many of the items highlighted by Council Member Kirsits he agrees with and would therefore be voting against the request this evening. Bill No. 07-132: Board of Zoning Request for 813 South Bend Avenue: Council Member Kirsits called for a report from the Board of Zoning Appeals on Bill No. 07-132. Mr. Bulot reported that the petitioner for a special exception to allow a single family residence in a MF 1 District at 813 South Bend Avenue had a public hearing before the Board of Zoning Appeals on October 18th. The BZA sends the request to the Council with a favorable recommendation. Charlotte Sobel of South Bend Heritage with offices at 803 Lincoln Way West made the formal presentation. The special exception is needed in order to permit the const ruction of asingle-family home, with the intention to rezone the entire area later. They will work directly with the Area Plan Commission for the rezoning. The home would be between $180,000 to $200,000. Ms. Sobel confirmed that she is moving to Fort Worth, Texas for a new employment opportunity and thanked the Council for their support over the years. There was no one from the public to speak in favor or in opposition to the Bill. In light of a quorum not being present, no formal action was taken on the Bill. Council Member Kirists stated that in light of a new Building Commissioner coming on board that if he is Chairperson of the Zoning and Annexation Committee next year that he would call a committee meeting to address the many questions raised today about the zoning code. Mr. Leone stated that the Legal Department would welcome such a meeting. There being no further business to come before the Committee, Council Member Kirisits adjourned the meeting at 5:42 p.m. ;~ ~ ~' ~ .~ Respectfully submitted, /~J fJ ~ (,~,~/ Council Member AI "Buddy" Kirsits, Chairperson . Zoning and Annexation Committee Attachments