HomeMy WebLinkAbout11-25-02 Zoning & Annexation tontinittu Zeport
Zoning alb Zin vexation (ommit#*t
The November 25, 2002, Zoning and Annexation Committee meeting was called to order by its
Chairperson, Council Member Karen L. White at 3:30 p.m. in the Council Informal Meeting
Room.
Persons in attendance included Council Members Aranowski, Pfeifer,Kelly, King, Varner, White,
Kirsits, Kuspa and Coleman; Department of Community and Economic Development Director Jon
Hunt, Jeff Myers, Jim Frick, Greg Stroupe, Mike Wotiziak, Beth Leonard, Karen Hansley, Terry
Bland of the &filth , tnti 1CribU I,and Kathleen Cekanski-Farrand, Council Attorney.
Council Member White noted that the first on the agenda was to review Bill No. 70-02 which is a
proposed rezoning ordinance for the property located at 1018-1020 North Sherman Avenue.
Jeff Myers of the Area Plan staff noted that the Bill had a public hearing before the Area Plan
Commission on October 15, 2002 and sends this bill to the Common Council with an unfavorable
recommendation, He stated that the property contains a legal non-conforming use which was
grandfathered when the area was zoned "A" Residential in 1976.
Mr. Greg Stroupe of Granger, the owner of the property in question, made the presentation. He
noted that 97% of the properties in the affected area were built as single-family residences,
however the subject property was part of the 3% which were not. He has owned the property for
three (3) years and has made many improvements to it. He has equity in the property and is in
need to getting his money back. He placed the property on the market one year ago and was
advised that he would need a letter from the City of South Bend that if the property was destroyed
that he could rebuild it for that use. The City refused to provide such a letter therefore he filed for
the rezoning.
Council President Kelly asked if he was aware of the zoning problems when he initially purchased
the property and was advised that he was not.
Mike Wotiziak, a local CPA, then spoke in favor of the proposed rezoning. He stated that the
insurance company would not permit the structure to be rebuilt if it was destroyed. There are four
(4) units in the structure paying between $550-$625 per month in rent, plus utilities. They are
trying to balance the area with affordable housing. He noted that they pay between $1,300-$1,400
in real estate taxes which may go up by 20%next year.
Karen Hansley, President of the NNN, then spoke against the proposed rezoning. He stated that
the neighborhood organization passed a resolution against it on October 8, 2002. She stated that it
would be spot zoning and noted that the density in the area and the fact that 50% of the structures
are rental units adds to the absentee landlord problems.
Council Member Pfeifer spoke against the bill,noting that she would support the neighbors and the
efforts of the NNN.
Council Member Aranowski noted that the property is within his Councilmanic District. He has
supported and will continue to support the NNN and therefore would oppose the rezoning.
Council Member Coleman stated that he has been familiar with the property since his youth. He
stated it was built as a duplex and believes that the structure is an exception. It has two(2) separate
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Zoning an Annexation Committee
November 25, 2002
Page 2
front doors, two (2) separate sun rooms, etc., and would be supporting the rezoning. He stated
that to not allow this rezoning in this limited situation would create an undue hardship for the
owner and the city.
Dr. Varner noted that there is no real harm to allowing the current zoning classification to continue
unless there was a fire or similar destruction to the property. A distinction between those which
were originally built as a duplex versus those which have been converted into a duplex, may be a
proper dividing line.
The Council Attorney noted that the reason this measure was continued two (2) weeks ago was to
allow the petitioner to meet with the neighborhood group.
The Committee was advised that that meeting did take place.
Council Member Pfeifer stated that there should be respect for what has been done in the
neighborhood.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Kuspa that Bill No. 70-02 be recommended favorable. Council Members Coleman, Kuspa and
Varner voted in favor and Council Member White voted in opposition.
There being no further business to come before the Committee, Council Member White adjourned
the meeting at 3:50 p.m.
Respectfully submitted,
Council Member Karen L. White, Chairperson
Zoning and Annexation Committee
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