HomeMy WebLinkAbout04-28-86 Zoning & Vacation (IInmmmrr Roar/
WO tilt &Inmou n Olounril of ilir mitt' of booth limb: ZONING AND VACATION COMMITTEE
The April 28, 1986 meeting of the Zoning. and Vacation Committee
was called to order by its Chairman Councilman John Voorde at 5 :00 p.m
in the Council informal meeting room.
•
Persons in attendance included: Councilmen Serge, Paszek, Barcome,
• Braboy, Voorde, Zakrzewski, Puzzello and Beck; Doug Carpenter, Jim
Wensits, John Ford, Kevin Butler,: John Sullivan, Mr. Alex Cholis , and
Kathleen Cekanski-Farrand.
Councilman Voorde noted that the City Clerk' s Office had been•telephoned by the petitioner of Bill No. 12-86 which would petition for
a rezoning of property located at 721 to 723 East Howard. He noted that
the Petitioner requested that the bill be withdrawn. Mr. George Miller,
Vicar of the religious order of St. Matthew was present and presented a
letter dated April 28, 1986 ( copy attached) which formally requested the
withdrawal of the rezoning .petition.
Councilman Barcome asked Vicar Miller what his .group' s intentions
were for the property, and he was advised that they plan to construct a
church. It was noted that they would work closely with the Department of
Code Enforcement. A map of the area was then shown to the Committee.
Councilman Paszek then noted that he had received several questions with
regard to the affiliation of the order and he was advised that it was
non-demoninational. Mrs. Bernard stated that several changes had been made
to the original plans therefore the Building Department would work closely
with him.
The Council Attorney recommended that the proper motion at the time
of the public hearing would be to strike Bill No. 12-86.
Mr. Butler then reviewed Bill No. 3-86 which would rezone property
located at 4500/4600 of the west block of Cleveland Road extension. He
noted that this was the property for the Trans-Tech Corporation. The Area
Plan Commission had voted unanimously in favor of the rezoning.
Following discussion, Councilman Serge made a motion seconded by
Councilman Beck that Bill No. 3-86 go to Council favorably. The motion
passed unanimously.
Mr. John Ford then reviewed Bill No. 44-86 which would vacate various
properties. He noted that the vacation was primarily for two areas to
allow for the extension of the Holy Cross Health System. He noted that there
was a Substitute Bill on file with the City Clerk' s Office. The Board of
Public Works had recommended the vacation favorably at its ' meeting of
April 22d.
A video tape of the area in question was then shown to the Committee
by Councilman Beck. Holy Cross plans to build onto their building as well
as extend the parking lot. It was noted that Holy Cross is the parent
corporation of various health care providers including twelve hopsitals.
They currently have 90 employees and project a total employment of 150.
Zoning and Vacation Committee
Page 2.
Following discussion, Councilman Puzzello made a motion seconded
by Councilman Serge to recommend the amended version of Bill No. 44-86
favorably to Council. The motion passed unanimously.
The Committee then reviewed Bill No. 36-86 which would vacate
an alley in the vicinity of Wayne Street and Eddy Street. Mr. John
Sullivan, one of the petitioners was present with his family and made
the presentation. He noted that the other petitioner was Mary Roemer.
Using the illustration of a map, he noted that the concern for the safety
of children was the overriding reason for the petition of vacation. Twenty
children under the eighth grade live in the vicinity. Twenty-one adults
have signed a petition in favor of the vacation. Twenty-one thousand cars
per day travel Eddy Street with two accidents occurring per month. He
noted that various trucks are considered "cutters" and use the alley.
He noted that the alley is a 14 foot soft-surface and is a blind alley in
light of the hedges. It was also indicated that discussions had been held
with the principal of Jefferson School who was in favor of the vacation.
It was also indicated that representatives from the Police and Fire
Departments were at the site and had nothing negative to report to the
vacation.
A video tape of the area in question was then presented by Councilman
Beck.
Mr. Alex Cholis representing Mr. and Mrs. Lobdell then presented their
position. He noted that he believes the map in question is improper and
that the legal description was in error. The alley is now 8 feet wide and
not 14 feet. Mr. Cholis noted that the Lobdell' s do in fact have their
house up for sale, however, they believe that this is a private matter.
He believes that the vacation of the alley would de-value the property.
He also indicated that the lots each have frontage of 60 feet which front
on Wayne Street. However, the co-petitioner' s lots frontage is 53 feet.
Therefore with the vacation, their frontage would be substantially increased
therefore increasing the value of their property. Mr. Cholis added further
that several issues with regard to adverse possession, the power of
condemnation, the power to sue the City will also be seriously considered..
by his clients for monetary damages.
Mr. John Blackmond, Mr. and Mrs. Michlind, and Mr. Fred Bieckner also
were present as remonstrators.
Mrs. Bernard and the Council Attorney both advised the Committee that
the legal description should be reviewed in light of the charges made by
Mr. Cholis. They both indicated that this was a new issue not considered
by the Board of Public Works at their meeting. A copy of the Board of
Public Works' hearings on this matter are attached to this.
The Council Committee agreed to continue discussion of this matter
on the floor of the meeting. The meeting was then adjourned at 6 : 05 p.m.
Respectfully submitted,
John Voorde, Chairman