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HomeMy WebLinkAbout07-25-88 Zoning & Vacation 446matttt Rood ZONING AND VACATION COMMITTEE Mn tip Comm Consult of tip (Mg of barn iambs 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 2 I 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 LS:srk 3