HomeMy WebLinkAbout07-25-88 Zoning & Vacation 446matttt Rood
ZONING AND VACATION COMMITTEE
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The July 25, 1988 meeting of the Zoning and Vacation
Committee was called to order by its Chairman Councilman Lee
Slavinskas at 5:45 p.m. in the Council informal meeting
room.
Persons in attendance included Councilmen: Luecke,
Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski,
Coleman, Duda, and Voorde; Bernie Feeney, Thomas J. Roemer,
Max Moore, Roweena Robinson, Mr. & Mrs. Jones, Rev. Zinder,
Lynette Jentoft-Nilsen members of the news media and
Kathleen Cekanski-Farrand.
Councilman Slavinskas noted that the first item to be
reviewed by the Committee was Bill No. 31-88 which would
rezone the property located at 434 North Michigan.
Councilman Slavinskas noticed that this was continued at the
Common Council meeting of two weeks ago. He noted that at
that time the Zoning and Vacation Committee voted favorably
by a vote of 3 to 2 to recommend it favorably to Council and
that the Common Council had deadlocked in a 4 to 4 tie.
The Council Attorney noted that Attorney Joseph Amaral who
represented Mr. & Mrs. Robert French who reside at 436 South
Michigan, petitioned against the rezoning and had 17 to 18
signatures in support of being against the proposed
rezoning. Because of other committments and the meeting
running late, Mr. Amaral was unable to attend this meeting
of the Committee but would be present at this evening's
Council meeting.
Attorney Thomas J. Roemer stated that nothing has
substantially has changed since two weeks ago. He was
present along with Mrs. Roweena Robinson the proposed seller
of the property. Mr. Roemer stated that five off-site
parking spaces would be required within 500 feet and that at
the current time they were not into leasing spaces. It was
also noted that the parking issue was scheduled to be heard
before the Board of Zoning Appeals at its meeting of July
28, which would begin at 3:30 p.m. Mr. Roemer then made
reference to various South Bend Tribune articles were the
public was paying money to house individuals when non-profit
organizations were involved. He also noted that the old
Gilbert's site would be soon taken off the tax rolls to
house similar individuals. He stated that Mr. Kollar is the
only person who would not be taking property off the tax
rolls and that he would be paying his "fair share". Mr.
Roemer also made reference to a USA Today article which
talked about the "not in my backyard syndrome". Mr. Roemer
noted that Mr. Kollar had been renting to individuals
"illegally" but not in a disruptive manner.
Farah Evans, a Notre Dame law student, stated that Mr.
Roemer's client must go to the Board of Zoning Appeals with
regard to the parking issue. She also questioned what would
happen to the 7 tenants if the Common Council turned the
request down.
Mrs. Roweena Robinson then reviewed the history of the
property and stated that parking has always been a problem.
Councilman Coleman stated that he took a tour of the
facility and believes that in his opinion that it could be
used as a commercial entity. In weighing what should be the
highest and best use for the property he believed that the
zoning request should be denied and thus will be changing
his vote at this evening's meeting.
Councilman Zakrzewski also took a tour of the builing in
question and stated that he also would be voting against the
proposed rezoning.
After further discussion, Councilman Soderberg made a motion
seconded by Councilman Coleman that Bill No. 31-88 be
recommended unfavorably to Council. The motion passed
unanimously.
Councilman Slavinskas then noted that the next item on the
agenda was to review Bill No. 39-88 which is a request for
historic landmark designation of the property commonly known
as 929 East Milton.
Lynette Jentoft-Nilsen then presented the Bill. She noted
that the property houses a church which was built in 1923
and depicts a gothic church. She then showed pictures of
the building. Rev. Zinder was present who stated that the
historic designation process began when someone was
interested in the windows of the church. He believes that
this designation offers a sincere sense of pride and would
help the neighborhood.
Councilman Luecke stated that this would be the first church
having such a designation in the City. Councilman Luecke
then made a motion seconded by Councilman Soderberg that
Bill No. 39-88 be recommended favorably to Council. The
motion passed.
The Committee then reviewed Bill No. 42-88 which was
sponsored by Councilman Niezgodski. Councilman Niezgodski
stated that he received a favorable recommendation from the
Area Plan Commission at its meeting of July 19, 1988. Mr. &
Mrs. Jones were present and stated that they would like to
build a new home on the property which they are requesting
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to be rezoned to "C" to "A" Residential. Mr. Jones stated
that he believes this would be a plus to the neighborhood.
Councilman Luecke stated he believed it was a good idea and
made a motion to recommend Bill No. 42-88 favorably to
Council. The motion was seconded by Councilman Coleman.
The motion passed.
Mr. Bernie Feeney then gave the presentation on behalf of
1st Source Bank on Bill No. 60-88 an alley vacation for
Portage Avenue as well as 61-88 an annexation in German
Township. He stated that the area in question involves
approximately 76 acres. In light of the fact that Area Plan
must act on the annexation it was recommended that Bill No.
61-88 be continued until the Council meeting of August 22.
Councilman Coleman made a motion seconded by Councilman
Luecke that the Bill be continued until the meeting of
August 22 and that Bill No. 60-88 be recommended favorably.
The motion passed.
There being no further business to come before the
Committee, the meeting was adjourned at 6:20 p.m.
Respectfully submitted,
Councilman Linas K. Slavinskas, Chairman
Zoning and Vacation Committee
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