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HomeMy WebLinkAbout11-24-03 Zoning & Annexztion committee &epolt Zoning an 'Annexation Iommtttee The November 24, 2003 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:32 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Kelly, Kelly, White, Varner, Aranowski, Pfeifer, Coleman, Kirsits, and Kuspa; Jeff Meyers, Michael L. Lee, Ted Foti, Carl Littrell, Richard Hill,Bruce Bancroft, Charlotte Sobel,Terry Bland of the b den trifmant, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the members of the Zoning and Annexation Committee included Council Members Kelly, Varner, Coleman and himself. Council Member Kuspa requested that any one from the public who wishes to address the Committee should provide their name and residential address for the record. He then called for a presentation on Bill No. 72-03 which is a proposed zoning ordinance for the property located at 1314 California Avenue. Jeff Meyers, a Planner with Area Plan noted that a site plan is not required for an A-1 zoning status. He further noted that the proposed ordinance comes to the Council from the Area Plan Commission without recommendation. Mr. Michael L. Lee, of 10840 Pewamo Drive, Osceola, Indiana, made the presentation. He noted that he is the owner of the property as well as a local realtor. The building is a legal non- conforming use, however no local bank is willing to allow him to re-finance it, in light of its current zoning status. He has been refused financing from Teachers Credit Union, 1st Source Bank and KeyBank. Mr. Lee stated that the building has always been a duplex. All three (3) neighbors by the property have been contacted and agree to the rezoning. There is complete access to the building's separate units with each being separately wired. He noted that the property at 1018-20 Sherman was similar to this one,which the Council recently approved. Council Member Kuspa then called for comments from the public. No one from the public spoke in favor or in opposition to the Bill. Council Member Coleman noted that he saw two (2) separate meters on the building. Mr. Lee stated that one of the meters is not functioning,since he pays for all utilities. In response to a question from Council Member Kirsits, Mr. Lee stated that the front unit is located on two(2) stones;and the back unit is one story which is all located on the first floor. Council Member Pfeifer asked if Mr. Lee had contacted one of his neighbors who is 90 years old. Mr. Lee stated that yes he has been in contact with Brenda Williams of 1312 CatiJoia. He has also been in contact with James Yeager of 1311 California who has resided at OW address for thirty(30) years;as well as Deborah Sallee who has resided at 1002 Lawndale for the past five (5) years. Council Merritier 4rowski stated that he voted against the Sherman rezoning request and will be voting against tIik re j lot• fi` Zoning and Annexation Committee November 24, 2003 Page 2 Council Member Kelly stated that if the structure was built as a duplex, what are the alternatives for this property. Dr. Varner inquired about the overall purpose of the rezoning. Mr. Lee stated he needs financing in order to make improvements to the property. He reaffirmed that it is a duplex and has not been converted. Council Member Kelly made a motion, seconded by Dr. Varner that Bill No. 72-03 be recommended favorably to Council. Council Member Coleman inquired whether the petitioner was aware of the proposed new zoning code for the City of South Bend. Council Member King noted that there would be two (2) new residential classifications in the new zoning code namely SF1 and SF2. Jeff Myers noted that the property would fall in the SF2 classification under the new ordinance. A "rebuild letter"is offered for property which have units up to five(5). Mr. Lee stated that he is aware of the proposed new zoning code and has reviewed some of the documents in the Area Plan office. He stated that he is concerned about "if and when" of the ordinance in light of his financing concerns. He does not want to just"let the property sit there". Council Member Coleman stated that he would prefer that there be a consensus. He noted that he voted for the Sherman rezoning; however he supports the SF1 and SF2 classifications. If the proposed ordinance would go forward this evening he would be unable to support it. Council Member Pfeifer stated that she supports what Council Member Coleman is saying, noting that she has difficulty going against plans which neighborhood groups have formulated. Council Member Kelly withdrew his motion and Dr. Varner withdrew his second. Mr. Myers noted that the Area Plan took action on the Bill on October 21st. The Council Attorney noted that the Council has a 90-day window to take action. Mr. Lee stated that he would be agreeable to an indefinite continuance. Council Member Coleman then made a motion, seconded by Council Member Kelly that Bill No. 72-03 be recommended to be continued indefinitely, at the request of the petitioner. The motion passed. The Council Attorney noted that the Council has received a letter dated November 19, 2003, form Mr. Michael J. Danch, President of Danch, Hamer& Associates requesting that Bill No. 84-03 be continued until the Council meeting of January 12, 2004(copy attached). Council Member Coleman then made a motion, seconded by Council Member Kelly that Bill No. 84-03 be continued to January 12, 2004, at the request of the petitioner. The motion passed. Zoning and Annexation Committee November 24, 2003 Page 3 Under miscellaneous business, Council Member Kuspa noted that he proposes that 2d Substitute Bill No. 81-03 which would create a new zoning code for the City of South Bend, be set for public hearing at the January 26, 2004, Common Council meeting. In response to a question from Council President Karen L. White. Council Member Kuspa stated that several questions have been raised by Council Members on the Bill itself. He added that he has been going through the Bill page by page and finds it to be a very important document which will be very important for South Bend. He noted however that the "City should not jump into it without knowing about all of its changes". Mr. Myers then notified the Committee Members that the wife of Mr. John Byorni, Area Plan Assistant Director, died and he hoped that all would be especially supportive of him in light of the upcoming holiday season. There being no further business to come before the Committee, Council Member Kuspa adjourned the Committee meeting at 3:55 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments