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HomeMy WebLinkAbout09-14-87 Zoning & Vacation Olnmmt22PP *trim/ ZONING AND VACATION COMMITTEE coo 11ie Qlnmuwn QlounrU of Up Ong of Douilj irnb: The September 14 , 1987 meeting of the Zoning and Vacation Committee was called to order by its Chairman, Councilman John Voorde, at 4 : 00 p.m. in the Council informal meeting room. Persons in attendance included : Councilmen Voorde, Puzzel- lo , Barcome, Serge , Braboy, Paszek, Zakrzewski, and Beck; Doug Carpenter citizen member, Tony Zappia, Mr. and Mrs . Medich, John Oxion, Ken Fetter, Nancy Ickler, members of the news media, and Kathleen Cekanski-Farrand. Councilman Voorde noted that the first item on the agenda was to review Bill No . 6887 which was a zoning ordinance to rezone the property located at 2411 S. Main Street . Mr. Tony Zappia noted that the property in question is cur- rently zoned "C" commercial and formally housed the old Kroger • store. He noted that the zoning changes necessary because the zoning request is to allow various used within the facility. • Sixty thousand dollars ($60, 000. 00). of improvements have been made to date at the location. Mr. Zappia noted that the owners of the building Mr. and Mrs. Medich planned to have small retail stores within the facility. Councilman Serge, the Council Representative on the Area Plan Commission noted that it received a unanimous favorable recommendation from the area plan. He also noted that there were no remonstraters at the area plan meeting. Councilman Voorde noted that the bill is a substitute ver- sion since a new legal description was necessary. Following discussion Councilman Beck made a motion seconded by Councilman Puzzello that subject to Bill No . 6887 go to coun- cil favorably. The motion passed unanimously. Councilman Voorde noted that the second item on the agenda was to review Bill No. 55-87 which is a zoning ordinance to create an East Wayne Street historic preservation district . Mr. Kenneth Fetter the Attorney on behalf of the Petitioner residents noted that it is a neighborhood issue. He noted that majority of the residents in the proposed area believed that it should become an historic district . He noted that it was a type of overly zoning and that the council should carefully consider both sides of the issue. He stated that because of the heritage and the historic character of the neighborhood that it is entitled to the historic designation. He noted that the bottom line in this situation is that they have met the minimum requirements by a majority of the vote of the residents in the area. Councilman Joseph Serge questioned whether a homeowner would 1 Zoning and Vacation Committee Minutes/September 14 , 1987 Page 2 have to give permission with regards to painting of the exterior of this home. Mr. Oxion of the Historic Preservation Commission noted that an application was not necessary. He did note how- ever that if the individual wished to replace the exterior with aluminum siding that special permission and approval was necces- sary. He further noted that this was reviewed on a case by case basis. The commission is concerned about maintaining the overall character of the neighborhood but was also concerned about finan- cial considerations. Nancy Ickler, a resident at 1430 E. Wayne stated that at least fifty households are represented in the minority who oppose this historic designation. She stated that she and her family moved to the area in April of this year. She believes that the historic status is not necessary. She noted that the petitioners basically believe the district is necessary in order to stop commercial encroachment , to detour unreasonable changes, and to increase their property values. Mrs. Ickler noted that there are two major thoroughfares in the proposed area namely Eddy and Twyckenham Drive. She noted that even in an historic district if a doctor wished to open an office in the area it would not be stopped. She believed that such a designation would create another layer of bureaucracy and burdensome procedure which was costly from both a time and monetary perspective. She also indicated that there was a mechan- ism in place to address commercial encroachment and that the historic designation procedure was not necessary. Mrs . Ickler also indicated that there is currently no evi- dence with regard to a deteriorating neighborhood. She believes that the petitioning side should have more faith in their new neighbors . She also noted that her home is rated as a. "12" which is the second highest rating. Regarding property values she did not see that the historic designation classification would necessarily increase property values. She closed her remarks with requesting that the council committee give an unfavorable recommendation to the proposed ordinance or that it go to the full council without recommendation. The council attorney then advised the committee members that they were governed by the specific provisions of the Historic Preservation Commission Ordinance contained in Chapter 21 . She noted that there were no specific grounds with regard to denying such a petition. .Thereforei..their decision must not be one that could be classified as being arbitrary or capricious. Councilman Beck noted that if the council would turn down this proposed district that it would be the first time for the council to do so . It was noted however that this is the first time that such a designation was controversial . 1 Zoning and Vacation Committee Minutes/September 14 , 1987 Page 3 Councilman Puzzello noted that there are restricted covenants dating back to 1925 in this area and that they were to be renewed every ten years. Councilman Paszek noted that he had spoken with several con- tractors who were reluctant to take remodeling projects in historic preservation districts. He believed that this procedure was bur- densome. Mr. Fetter however indicated that he had spoken to several contactors also and that he found no objection from them. He then passed out several handouts on this topic . (copy attached) Mr. Fetter also passed out a petition in support of the East Wayne Street Historic Preservation District which contained one- hundred forty-three (143) signatures . (copy attached) The commit- tee was also given a petition signed by residents in opposition to the proposed preservation designition. (copy attached) Following further discussion by the committee, Councilman Puzzello made a motion seconded by Councilman Voorde that Bill No . 68-87 be recommended without a formal recommendation by the committee. The motion passed three to one. There being no further business to come before the committee the meeting was adjourned at 4 :40 p.m. Respectfully submitted, John Voorde, Chairman