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HomeMy WebLinkAbout03-06-83 Human Resources & Economic Development Iu nit11r� Er.part • Wu the °Inm an (IIountil of the (lttg of 6oixth HUMAN RESOURCES AND ECONOMIC DEVELOPMENT COMMITTEE The March. 6 , 1984 meeting of the Human Resources and Economic Development Committee was called to order 1y its Chairman, Councilman Eugenia Braboy at 4 : 00 p .m. in the Council informal meeting room. • Persons in attendance included : Councilmen Zakrzewski , Braboy, Puzzello , Serge , Taylor, and Beck•, Sandy Combs, Kathy Barnard, Richard Hill, Carolyn Pfotenhauer, Larry Neff , Irene Gammon , Konstantine Orfanos , Harold Rowley , Pasquale Anastasio , members of the news media and Kathleen Cekanski-Farrand. Following an introduction of person at the meeting , Councilman Braboy noted that the purpose of the meeting was to discuss the controlled use ordinance. Mr. Hill reviewed the background. He noted that it was originally passed in 1968 and prohibits the -alteration of a structure even if for fire control improvements or the expansion of a kitchen facility. He stated that many of these would not have a negative impact on the neighborhood and would Yot lead to blight . Mr, suggested that there were three possible areas that could be reviewed : (1) to review the. 1 , 000 ft . limitation, (2) to adopt procedures and standards that would be used by the Board of Zoning Appeals , and (3) to re-define controlled uses. • Mrs. Pfotenhauer noted that several individuals had approached the City over the past several months desiring a change to the present zoning law. The Council Attorney noted that in September of 1983 that she had drafted on behalf of President Beck a letter to Mr.. George Divjak of the Rum Village Neighborhood Association and Mr. Arthur Quigley of another nieghborhood association which requested input from neighborhood associations on. the i controlled use ordinance and that amendments would be heard jointly by ' the Council ' s Residential Neighborhood Committee and the Zoning and Vacation Committee (copy attached) . She also noted that several individuals were unable to attend today' s meeting which was to be the first of several committee meetings . She also noted that any amendments would have to be approved by the Area Plan Commission before coming to the Council . She noted that the controlled use ordinance addresses adult book stores , adult motion picture theaters, Class A and Class B cabarets , pawn shops , pool halls , .dance halls , and restaurants that serve beer or intoxicating liquor. Councilman Braboy emphazied that this meeting would be exploratory in nature. Councilman Taylor noted that the City had gained much by this ordinance and that overall it was a good one. He expressed favorable comments about the possibility of using the Board of Zoning Appeals . L.( ..,.• . . .Va1.Mlw. CO. J 4 Page 2 . Councilman Puzzello noted that the 1 , 000 foot restriction is measured as the "crow flle`s",and that restaurants in the 4th district would have to be able to serve beer or wine if they were to be successful . Councilman Serge expressed comments that business operations who wish to upgrade their facilities should not be penalized for such improvements . Mr. Hill noted that the negative impact and the blight to a residential area should be considered when reviewing the ordinance. Such things as hours of operation, parking requirements , etc. are all important factors. If the BZA approach would be used for reviewing exceptional cases such standards as the following might be considered: that the operation is not injurious to public health and safety, that it does not have an adverse effect on the neighborhood, that it would not encourage blight , and that it is not contrary to existing programs of the neighborhood, He noted that the BZA would not be open to any greater liability if such a procedure was used since their findings would have to be based on proper evidence. The Council Attorney noted that the 1 , 000 foot restriction was incorporated into our local ordinance because this footage restriction had been upheld by the U . S , Supreme Court as being reasonable. Councilman Braboy suggested that businesses should be able to modernize and upgrade their facilities for economic development purposes. Mr. Orfanos , a local attorney noted that in his opinion businesses who were in .existence prior to the establishment of the controlled use ordinance were allowed to expand by 1/3 of the existing use. Mr. Hill stated that the non-conforming use provisions would not apply. Councilman Zakrzewski expressed concern about reviewing exceptional cases through the BZA. He hoped that the door would not be opened too wide before problems would be created. In response to his question, he was informed that the Building Department and City Attorney ' s office is charged with over--seeing the enforcement of the ordinance. Councilman Braboytak.ed everyone for their participation and requested that groups contact the Council as to their position on the controlled use ordinance. She requested a written update from the legal department within two to three weeks. It was also suggested that model legislation in other cities be procured by the attorneys for review. Councilman Beck also suggested that Mr. Divjak and Mr. Quigley be specifically notified of this informational meeting and request them for input . There being no further business to come before the Committee, the meeting was adjourned at 5 :20 p.m. Respectfully submitted, Eugenia Braboy , Chairman ***Ordinance No. 609-76 was passed on December 13 , 1976 .