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HomeMy WebLinkAbout01-12-04 Zoning & Annexation Comittittu Zoort Zoning an anni xa ttott ou nt.UUt The January 12, 2004 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4 p.m. p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Kelly, White, Varner, Deiter, Pfeifer, Coleman, Kirsits, Puzzello, and Kuspa; Building Commissioner Don Fozo, Michael Danch, Terry Bland of the QlftUU %0 Zri. \%ts*, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee is composed of himself as Chairperson, Council Member Ann Puzzello as Vice-Chairperson,and Council Members Kelly and Coleman. Council Member Kuspa then called for a presentation on Bill No. 04-04 which is a resolution which would adopt a written fiscal plan and establish a policy for services to an annexation area in German Township commonly known as the Omar M. Abuhilal Annexation Area. There was no one present to make a presentation. The Council Attorney suggested that the item be heard at the end of the Committee meeting,if a presenter is then available from the City Administration. Council Member Kuspa called for a presentation on Bill No. 84-03 which is a proposed ordinance which would annex and bring into the city limits certain land in German Township currently known as 52423 Portage Road. Michael Danch of Danch, Harner and Associates with offices at 2422 Viridian Drive, South Bend, Indiana 46628, made the presentation. He noted that the annexation would bring into the city approximately two (2) acres of land located on the west side of Portage Avenue. He stated that is located two (2) properties north of Teachers Credit Union. He noted that the petitioner has a brother who owns property nearby the site in question. He concluded his remarks by stating that the property would be connected to city water and sewer. Following discussion, Council Member Kelly made a motion, seconded by Council Member Coleman that Bill No. 84-03 be recommended favorably to Council. The motion passed. Council Member Kuspa noted that the Council has received a letter from Mr. Thomas F. Lewis, III, the attorney representing the petitioner for Bill No. 04-01 dated today (copy attached). The letter is requesting the pending resolution which was heard by the Board of Zoning Appeals with regard to the property located at 1939 Charles Street will be revised and therefore he would like to have the petition withdrawn from further Council consideration. Council Member Kelly made a motion, seconded by Council Member Coleman that at the request of the petitioner that Bill No. 04-01 be recommended to be withdrawn from the agenda later this evening. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 04-02 which is a proposed resolution which would approve a petition of the South Bend Board of Zoning Appeals for the property located west of and adjacent to 1640 South Bend Avenue, South Bend, Indiana 46635. Council Member Puzzello noted that prior to becoming the 4th District Council Member that she was a member of the Board of Zoning Appeals and therefore has voted on this measure at that forum. Zoning and Annexation Committee January 12, 2004 Page 2 Don Fozo, Building Commissioner, reported that the Board of Zoning Appeals held a public hearing on this matter at their meeting of December 18, 2003. The petition addresses a parking lot which has been used for many years by an existing restaurant. In light of missing documentation on file with the City, the petitioner would like the parking lot to be legally of record. The Bill was recommended favorably to the Council by the Board of Zoning Appeals by a vote of 4-0. Council Member Puzzello noted that the parking lot in question was used as a parking lot by Kentucky Fried Chicken prior to the current restaurant. Michael Danch made the formal presentation on the Bill. He noted that they have researched City records going back go 1962 and have been unable to locate documents on the parking lot. Therefore this process is necessary in order for the current owner to pass on proper ownership to the next restaurant owner. The area in question has been used as a parking lot for over thirty (30) years. The buyer understands that the current residential zoning classification would continue and would provide additional protection to the residents who live to the west of the property. He added that the petitioner has agreed to provide proper screening to the west and south. He requested favorable action so that free and clear title can be given to the new buyer. In response to a question raised by Dr. Varner, the Council Attorney noted that the conditions set forth by the Board of Zoning Appeals with regard to screening are required in § IV of the proposed resolution. In response to a question from Council Member Coleman on lighting, Mr. Danch stated that the new buyer has agreed to keep the lighting focused down so that it will not go onto adjoining properties. Building Commissioner Don Fozo stated that the new zoning ordinance once passed will provide more specific regulations in this area; and added that his office has not received any complaints from neighborhoods on this property with regard to lighting. Council Member Puzzello inquired about the procedures used by the city to check such things as lighting and screening. Mr. Fozo stated that his staff check all parking lots for screening in May. Following discussion, Council Member Puzzello made a motion, seconded by Council Member Kelly that Bill No. 04-02 be recommended favorably to Council. The motion passed. Council Member Kuspa then called again for a presentation on Bill No. 04-04 addressing a voluntary annexation. Larry Magliozzi of Community and Economic Development was now present and apologized for not being available earlier in the meeting. He stated that Bill No. 04-04 is a voluntary annexation addressing 2.9 acres which is currently residential. Both the Board of Public Works and the Board of Public Safety recommend that the Council take favorable action on the resolution since it meets all governing provisions addressing annexation. There was no one from the public to speak in favor or in opposition to the Bill. Zoning and Annexation Committee January 12, 2004 Page 3 Following discussion, Council Member Coleman made a motion, seconded by Council Member Puzzello, that Bill No. 04-04 be recommended favorably to Council. The motion passed. There was no miscellaneous business. Council Member Kuspa then adjourned the Committee meeting at 4:14 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments