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HomeMy WebLinkAbout03-28-05 Zoning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council The March 28,2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson,Council Member Ervin Kuspa at 4:18 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer,Puzzello,Kelly,Varner,Kuspa,White, and Rouse; Citizen Member Martha Lewis, Executive Director of the Department of Economic Development Sharon Kendall, Building Commissioner Don Fozo, Rita Kopala, City Clerk John Voorde, Bernie Feeney, Greg and Paula Elliott,Larry Magliozzi, Andy Laurent and Kathleen Cekanski-Farrand,Council Attorney. Council Member Kuspa noted that the Committee members include Council Members Kirsits, Dieter, Rouse, and himself as the Committee Chairperson. Council Member Kuspa noted that there was not a quorum of the Committee. Council Member Kuspa then called for presentations on Bill No. 05-32 which would approve a written fiscal plan and establish a policy for providing services to an annexation area in Centre Township commonly referred to as the Greg and Paula Elliott Annexation Area, and on Substitute Bill No. 94-04 which would annex and bring into the city land in Centre Township known as 61191 U.S. 31 South: Larry Magliozzi of the Department of Community and Economic Development noted that there needs to be a correction in the title of Bill No. 05-32 and that "Donna" should be struck and "Paula" should be inserted instead. This Bill addresses 0.83 acres of land which contains one(1) vacant structure and is 12.5% contiguous to the city limits. The Board of Public Works and the Board of Public Safety have reviewed the petition and have recommended approval. He concluded his remarks by stating that the proposed annexation meets the requirements of the governing state law. In response to a question from Council Member Kuspa,Mr. Magliozzi stated that they have used the best information available in preparing the fiscal plan. Greg Elliott then addressed Substitute Bill No. 94-04. He stated that he grew up on the south side of the city and purchased the property out of a repossession sale. His goals are to keep the historic nature of the structure since it may be one of the oldest Italian style structures in the county. He plans to lease the structure for business purposes. Council Member Kuspa stated that because there is not a quorum, the Bills would go to the full Council without recommendation. At this point, Council Member Al "Buddy"Kirsits joined the Committee meeting and a quorum was then present. Council Member Rouse then made a motion, seconded by Council Member Kirsits that Bill No. 05-32 as to be corrected in the title and Substitute Bill No. 94-04 be recommended favorably to Council. The motion passed. March 28,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- ._ }. Council Member Kuspa then called for a presentation on Bill No. 05-19 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 3201 W. Western Avenue. Council Member Kuspa noted that this would permit a used car operation and was continued at the request of the Petitioner for two(2)weeks. J. Bernard Feeney of Lang, Feeney and Associates, Inc. with offices located at 715 South Michigan in downtown South Bend made the presentation on behalf of Miguel Becerril. Mr. Feeney stated that at the request of Council President Pfeifer he attended the LaSalle Park Neighborhood Association meeting and made a presentation. He noted that the Association believes that another car shop would not be beneficial to the area. A copy of the letter dated March 28, 2005 from Gail Brodie,President of the LaSalle Park Neighborhood Association was tendered into the record(copy attached). Mr. Feeney stated that he met with his client, Miguel Becerril, and believes that additional information about him should be shared with the committee. Mr. Becerril has been a US citizen since 1983 and moved here from California. He is married and has three (3) children. He purchased a home at 4977 Scenic Drive. He has worked for five (5) years in the auto business and also in a local factory. He purchased the property in question in July of 2004. This property has previously used as a bar, a restaurant, and a day care facility. He has made improvements to the property at his cost of approximately $35,000 to $40,000 for materials alone. He noted that he purchased the property from an older couple who could not afford to maintain the property. It has an eye-catching paint job (yellow with purple trim) and has built an addition on the rear of the property resulting in doubling the size of the square footage. He has three (3) full-time employees and two (2) part-time employees and his wife works as a bookkeeper. Mr. Becerril plans to reside the structure so that it will all match and be a light brown color when completed. He plans to repair the asphalt by installing a topper. He also plans to install a low decorative fence on the front of the property consistent with city ordinances. He concluded his remarks requesting a favorably recommendation from the Committee to the full Council. Dr. Varner inquired about the zoning. Building Commissioner Don Fozo stated that it is zoned okay for the rehab. The petitioner is asking for a special use which is required by the new zoning ordinance for auto sales. Retail would be permissible. Mr. Feeney added that diagonally there is an auto sales operation from the property in question, and therefore would not be a new use in the block. Council President Pfeifer thanked Mr. Feeney for going to the LaSalle Park Neighborhood Association meeting. She questioned how the proposed use would fit into the City Plan and the Weed& Seed area. She stated that three (3) police officers attended the neighborhood meeting and reported that there was"illegal and questionable behavior" at the subject property; as well as a lot of calls for service. She noted that when neighbors do not support a project, she will not support a project. She hoped that the petitioner would meet with the police and the neighbors. March 28,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- a tt 4 Mr. Feeney stated that he does not recall the officers calling the property a "problem property" and that any "illegal" uses were going on. He stated that he is unaware of any calls for service since his client has purchased the property, and that perhaps the officers were looking at a longer period of time when they made their remarks. Mr. Fozo stated that the Board of Zoning Appeals held a public hearing on the special exception request on February 17, 2005 and sends it to the Council with a favorable 4-0 vote. Dr. Varner requested Mr. Fozo to check the permits for the property, if at all possible before tonight's meeting. Mr. Fozo noted that LB allows retail, office and upgrades to such operations; however any automobile use requires a special exception per the new ordinance. In response to a question from Council Member Rouse, Mr. Fozo noted that the building was cited and that the petitioner then filed for the special exception. He confirmed that the petitioner was repairing on the property. Council Member Rouse asked if members of the neighborhood group would be present this evening. Council President Pfeifer stated that Ms. Brodie could not come tonight and therefore sent the letter. She added that 25-30 people attending the neighborhood meeting. Mr. Feeney stated that he believes that his client is upgrading the property. He stated that if the petition is rejected that he would hate to see it become a bar again. Mr. Feeney then requested to postpone further action on Bill No.05-19. Council President Pfeifer stated that she hoped things could be worked out. Council Member White suggested that perhaps a compromise could be reached if the Council heard from the petitioner. Mr. Feeney stated that the petitioner is not comfortable coming to the podium and that he is more comfortable having him speak on his behalf. Mr. Feeney suggested a meeting with the Executive Board of the LaSalle Park Neighborhood Association. Council Member P1177ello suggested that police reports from July of 2004 through the present also be reviewed so that the Council could see if calls for service were when the property was under different ownership. Mr. Feeney then formally requested that Bill No. 05-19 be postponed until April 11,2005. Council Member Kuspa stated that the bill would be delayed until the next Council meeting at the request of the petitioner. March 28,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3- There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 4:53 p.m. Respectfully submitted, Council Member Ervin K spa,Chairperson Zoning and Annexation Committee KCF:kmf Attachments • March 28,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 4-