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Zoning and Annexation Committee
Committee Report
The April 26,2004 meeting of the Zoning and Annexation Committee was called to
order by its Chairperson,Council Member Ervin Kuspa at 3:20 p.m. in the Council Informal
Meeting Room.
Persons in attendance included Council Members Dieter,Kelly,Puzzello,Varner,Kuspa,
White, Coleman and Kirsits; City Clerk John Voorde,Police Chief Thomas Fautz,Building
Commissioner Don Fozo, Planner Jeff Myers,Rita Kopola,Cecilia Lucero, and Kathleen
Cekanski-Farrand,Council Attorney.
Council Member Kuspa noted that the Committee Members include Council Members
Puzzello,Kelly,Coleman and himself.
Council Member Kuspa then called for a presentation on Substitute Bill No. 3-04 which
is a zoning request for the property located at 234 Tonti Street.
Jeff Myers, a Planner with Area Plan,noted that the Area Plan Commission held a public
hearing on February 17, 2004 and sends Substitute Bill No. 3-04 to the Council with an
unfavorable recommendation. He noted that the North Shore Triangle Neighborhood
organization spoke in opposition to the proposed rezoning.
Council Member Kuspa noted that the petitioner for Substitute Bill No. 3-04 Tim Hughes
was not present. He further noted that at the last committee meeting,Mr, Hughes specifically
requested that his Bill be continued until today.
Dr. Varner recalled that Mr. Hughes was requesting the rezoning so that he could
refinance the property in question.
Council Member Kirsits stated that he had been advised that the property taxes on the
subject property had doubled..
Council Member Coleman noted that he would not support the proposed rezoning, noting
that once the new zoning ordinance takes effect that he could file for a special exception.
Mr. Myers stated that the new zoning ordinance will become effective on May 7th.
Building Commissioner Don Fozo stated that Mr. Hughes has never submitted
information to prove that the subject property was a legal non-conforming use,and if he would
do that he could receive a rebuild letter.
Council Member Kuspa opened the hearing to the public. No one spoke in favor of the
Substitute Bill. Cecilia Lucero of 133 Wakewa Avenue, South Bend,Indiana spoke in
opposition to the proposed rezoning and provided a copy of a petition signed by several
neighbors against the rezoning(copy attached).
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Council Member Kirsits noted that he has received several telephone calls in opposition
to the proposed rezoning,many noting that the property is not maintained properly.
Following further discussion, Council Member Coleman made a motion, seconded by
Council Member Kelly that Substitute Bill No. 3-04 be recommended unfavorably to the
Council. The motion passed.
There being no further business to come before the Committee, Council Member Kuspa
adjourned the meeting at 3:28 p.m.
Respectfully submitted,
Council Member Ervin Kuspa, Chairperson
Zoning and Annexation Committee
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Attachments
Zoning and Annexation Committee April 26,2004 Page 2