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HomeMy WebLinkAbout09-12-05 Zonning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council The September 12, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:15 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter,Puzzello, Kelly, Kuspa, Varner, White and Rouse; Citizen Member Martha Lewis, Mrs. Kopola, Sharon Kendall, James A. Masters, Larry Magolizzi, John Oxian, Building Commissioner Don Fozo, P. J. Thuringer, J. Bernard Feeney, Sara A. Williams, Debra Voltz-Miller, Ruby Stine Newbill, Bernie Feeney, City Clerk John Voorde and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consists of Council Members Rouse, Dieter and himself He noted that a quorum of the Committee was not present, but that the Committee would go forward and hear information. Council Member Kuspa asked that persons wishing to testify before the Committee give their name and address for the record. Council Member Kuspa then called for a presentation on Bill No. 05-96 which would designate and establish 401 East Indiana Avenue as an historically significant building. John Oxian made the presentation. He noted that the building is ranked a "9" and should be given recognition. It was built in 1916 and noted that it would be the second structure given an historically significant recognition by the Council, noting that the County has taken such action on several structures. In light of a quorum not being present, no formal action was taken on the Bill at this time. No one from the public spoke in favor or in opposition to the Bill. Council Member Kuspa then called for a presentation on Bill No. 05-113 which would adopt a written fiscal plan and would establish a policy for the provision of services to an annexation area in German Township commonly referred to as the Mary Ann Powell & Sally Dunn Annexation Area and Bill No. 45-05 which would annex and bring the property located at the southwest corner of Brick Road and Portage Road [Mary Ann Powell & Sally Dunn annexation area] into Councilmanic District# 1 (copies attached). Larry Magolizzi of the Community and Economic Development Department made the presentation on Bill No. 05-113. He noted that the land in question contains 1.24 acres of vacant land. It meets the contiguity state law requirements. J. Bernard Feeney of Lang, Feeney & Associates, Inc. with offices located at 715 S. Michigan Street in downtown South Bend made the presentation on Bill No. 45-05. He noted that this is a voluntary annexation. The property in question is surrounded by city property and receives city services. It would become a single-family homesite. September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 1- At this point, Council Member Rouse joined the Committee meeting creating a quorum of the membership. Council Member Kuspa inquired about the corner area, to which Mr. Magliozzi stated it is dedicated to right-of-way. No one from the public spoke in favor or in opposition to the two(2)bills. Following discussion, Council Member Dieter made a motion, seconded by Council Member Rouse that Bill No. 05-113 and Bill No. 45-05 be recommended favorably to Council. The motion passed. Council Member Dieter then made a motion, seconded by Council Member Rouse that Bill No. 05-96 heard at the beginning of the meeting be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 42-05 which is a rezoning request for the property located at 1951 East Fox in the 5th Councilmanic District. P. J. Thuringer, a planner with Area Plan reported that the Area Plan Commission gave a favorable recommendation to rezone the property from Single Family (SF2) to Officer Buffer (OB). Debra Voltz-Miller, an attorney with offices located at 108 North Main, Suite 423 in downtown South Bend made the presentation. She noted that the property would be used as her law office. No one from the public spoke in favor or in opposition to the Bill. Council Member Dieter made a motion, seconded by Council Member Rouse that Bill No. 42-05 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a BZA report and a formal presentation on Bill No. 05-109 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 2004 East Edison Road. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18,2005 and is sent to the Council with a favorable recommendation. J. Bernard Feeney of Lang, Feeney and Associates, Inc. with offices located at 715 South Michigan Street in downtown South Bend made the presentation. He noted that he is acting on behalf of Tiberius Mihalache who recently constructed a new office building at the site. The area is properly zoned however he is in need of additional parking. An agreement has been reached to purchase enough property to locate six (6) additional parking spaces which could be constructed if the special exception is granted. No one from the public spoke in favor or in opposition to the Bill. September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 2- Council Member Rouse made a motion, seconded by Council Member Dieter that Bill No. 05-109 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a BZA report and a formal presentation on Bill No. 05-110 which would approve a petition from the Board of Zoning Appeals for the property located at 926 Blaine Street. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18,2005 and is sent to the Council without a recommendation. Sara A. Williams of 926 Land Trust made the presentation. She noted that the special exception would allow the property to be used as a duplex. The property had been used as a 3-unit apartment which had been grandfathered as a non-conforming use. Since the building sat vacant for approximately a year, it lost its grandfathered status. She noted that it would be cost prohibitive to change this structure to a single-family home. They have hired an architect who is working on a report about the structure and whether it can be changed, however that report will not be ready by this evening. She plans to have a construction foreman here this evening. She noted that there were remonstrators at the BZA meeting who voiced concern about a rental status for the building. She noted that their company rehabs and sees properties primarily to homeowners. The small apartment would enable them to sell the property so that it would not sit vacant. Council Member Dieter inquired about the grandfather status. Mr. Fozo stated that it was previously grandfathered as a legal non-conforming use prior to it becoming vacant. Council Member Dieter voiced concern about the request,noting that it is near Muessel School. Council Member White inquired about no formal recommendation from the BZA, and noted that she would support this matter being continued. Mr. Fozo stated that the BZA only had three (3) members present at their meeting and questions were raised as to whether the request was consistent with the comprehensive plan for the area. He also confirmed that three(3)people spoke against the request at the BZA meeting. Ms. Williams stated that she spoke with a representative of the neighborhood organization for the area before the Committee meeting. Council Member Pnzzello stated that a letter from that representative as to their position would be helpful. Ms. Williams then requested that Bill No.05-110 be continued until September 26th to allow her to have the architecture's report completed and to follow up with the neighborhood group. She stated that she can be contacted at her office at 287-0444 or at her cell phone 532-3654. No one from the public spoke in favor or in opposition to the Bill. Council Member spoke in favor of the proposed continuance and then made a motion to that effect. It was seconded by Council Member Dieter and carried. September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 3- Council Member Kuspa then called for a presentation on Bill No. 05-111 which is a petition of the South Bend Board of Zoning Appeals for the property located at 6302 U.S. 31 South. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18, 2005 and is sent to the Council with a favorable recommendation for the special exception request to permit automobile sales and services on the property located at 6306 U.S. 31 South. James A. Masters, an attorney with offices located at 211 West Washington, Suite 1720 in downtown South Bend made the presentation. He noted that this will be the 3rd public hearing on the property, noting that the annexation was unanimously approved earlier this Summer. Under the new zoning code, a special exception is required for automobile display. He noted that there is no problem with the drainage ditch which was raised at the earlier public hearings. The site has been an automotive display use for the past ten(10)years when it was in the county. No one from the public spoke in favor or in opposition to the Bill. Council Member Dieter made a motion, seconded by Council Member Rouse that Bill No. 05-111 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a BZA report and form presentation on Bill No. 05-112 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 1622 North Johnson Street. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18, 2005 and is sent to the Council with a favorable recommendation subject to the number of children in the group home not exceeding two (2). Ruby Stine Newbill of 1626 North Johnson Street made the presentation. She noted that her father who was present owns the property in question. She would like to open a group home at the location which would provide residential treatment care for children who are at risk. She would work with the Department of Social Services and the court system. She noted that two (2) bedrooms would be used and she agreed to the limitation of two (2) children at the BZA meeting. In response to questions from Council Member White, Ms. Newbill stated that she would work directly with the Department of Social Services and the Juvenile Justice Center for referrals. She added that three (3) persons did speak in opposition to the proposal at the BZA meeting but that she has since addressed their concerns. Council Member White noted that Ms. Newbill is known to be a person of good character. In response to questions from Council Members Puzzello and Varner, Ms. Newbill stated that the children would be monitored 24/7 by paid staff who are trained,but that the staff would not be staying overnight, but rather there would be three (3) separate shifts and none would live-in. Ms. Newbill stated that she worked in Charlotte,NC for ten(10)years. She showed a proposed business plan as well as a policy and procedures book which would be followed. She noted that September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 4- • she is required to be licensed and have proper procedures addressing restraint, medical concerns and training. Mr. Fozo stated that the petitioner must be licensed by the State of Indiana. He added that she would be limited to two (2) children at a time and that if more children were asked to be placed, that Ms. Newbill would have to go through a new special exception procedure. No one from the public spoke in favor or in opposition to the Bill. Dr. Varner then made a motion, seconded by Council Member Rouse that Bill No. 05-112 be recommended favorably to Council. The motion passed. There was no miscellaneous business. Council Member Kuspa then adjourned the meeting at 4:00 p.m. Respectfully submitted, r � r Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 5-