Loading...
HomeMy WebLinkAbout03-14-88 Zoning & Vacation Q nnsuifittrr &port • .� Wu tit gammon &mutt sa to etigtiffpoutti NingfPNING AND VACATION COMMITTEE The March 14, 1988 meeting of the Zoning and Vacation Committee was called to order by its Chairman, Councilman Slavinskas at 4: 30 p.m. in the Council Informal Meeting Room. Persons in attendance included Councilmen: Niezgodski, Duda, Zakrzewski, Puzzello, Soderberg, Luecke, Coleman, and Slavinskas; Carl Baxmeyer, Doug Carpenter, Patrica DeClercq, Kathy Baumgartner, Max Moore, Patrick J. McGraw, Tony. Zappia, Willie Lee, Jeffie Lee, Kevin Joyce, Rita Marshall, Members of the news media, and Kathleen Cekanski-Farrand. Councilman Slavinskas then introduced the two citizen members namely Carl Baxmeyer and Doug Carpenter, and then noted that Councilman Luecke, Coleman, Soderberg, and himself constituted the Committee. Councilman Slavinskas then noted that the first item to be reviewed by the Committee was Bill No. 2-88 which is a zoning ordinance for the property located directly East and Northeast of the Jamison Inn in the City of South Bend. Mr. Kevin Joyce of the Area Plan staff, then reviewed the report of the Area Plan meeting of February 16, 1988 . He noted that the property in question was currently zoned "A" Residential, "A" Height and Area and that the zoning change was for "C" Commercial, "E" Height and Area. • Mr. Patrick J. McGraw, the managing partner of the Jamison Inn located at 1420 North Ivy, then showed a preliminary site plan of the area in question. He noted that he anticipated constructing approximately 30 to 35 long term residential units. Mr. Tony Zappia, the Attorney for the Petitioner, noted that there would be a total of four buildings with eight units in each. He further noted that there would be one and two bedroom efficiency geared toward longer term occupancy. The area in question was approximately 1.5 acres and would be an investment of approximately two million dollars. Ingress and egress would be off of Ivy road. Councilman Puzzello, the District Councilman for the area, noted that she is impressed with the condominiums being developed in the former Four Horsemen Area. Councilman Slavinskas noted that there were no remonstrators at the Area Plan meeting. Councilman Luecke voiced favorable support of the proposed project. It was also noted that the sewer would be relocated at the Petitioner's cost. •... ..... .V.1..N.MY CO Following further discussion, Councilman Soderberg made a motion seconded by Councilman Coleman that Bill No. 2-88 be recommended favorably to Council. The motion passed unanimously. Councilman Slavinskas then noted that the second item on the agenda was to review Bill No. 1-88 which is a Bill to amend the zoning for the property located at 1305 South Marietta. Mr. Kevin Joyce of the Area Plan staff noted that the property is being requested to be rezoned from "B" Height and Area to "D" E Height and Area. The overall purpose of the rezoning is to allow the owner to park certain operable vehicles on the property. He noted that at the meeting of February 16, 1988, the Area Plan recommended unfavorably on the proposed rezoning. Mr. Willie Lee, the owner of the property in question, then gave a presentation to the Council. He noted that he wished to park his vehicles on the property since the City told him that he could not park in front of the property in question. It was noted that he had two trucks and one car and had placed a fence around the area 6 feet in height. It was noted that the road is not a snow route. Rita Marshall, the daughter-in-law of the Petitioner, stated that Mr. Lee needed the rezoning so that he could continue his "hobby" . She stated that he is not running a junk yard or a business. She stated that in her opinion she believes that the Code Enforcement Department is harassing Mr. Lee. Councilman Soderberg inquired as to the use of the vehicles and was informed that Mr. Lee picks up hedges, trees, and runs garbage to the landfill. He stated that he has been hauling trash for approximately 20 years and receives a very limited income from this trash hauling business. Councilman Niezgodski questioned whether the buildings on the property were there at the time of purchase. He was informed that they were not and that they were in violation of the zoning code. Councilman Slavinskas noted that the gate had been moved to the alley at the City's request and that he had reviewed numerous material with regard to the property in question. Patricia DeClercq, the Director of the Department of Code Enforcement, then spoke against the proposed rezoning. She noted that there have been numerous environmental problems at the location. She further noted that the entrance to the fence was changed because Mr. Lee was driving across curbs and sidewalks prior to the gate being moved. According to her records, the City did not have a license being issued for trash hauling for calendar years 1986 or 1987. She 2 t • noted that the area in question surrounding the proposed petition was residential. She then showed pictures from May, 1987 and November, 1987 when there were hearings before the Code Enforcement Officer. She noted that the shed is still located on the property and that there is a considerable amount metal as well as changing vehicles. She concluded by stating that the Building Department, Area Plan Commission, and her department, all were against the proposed rezoning. Kathy Baumgartner, the Director of the Bureau of Housing, stated that her office is involved in housing rehabilitation and that over $800, 000.00 has been infused into this area. Seventeen units have been renovated and one is directly next to the proposed rezoning. She requested that the Council turn down the proposed rezoning so that there would not be a "domino effect" with regard to further deterioration of the area. Councilman Luecke noted that there were many uses within the "D" Light Industrial classification which he believed were incompatible with the surrounding residential character of the neighborhood. He believed that if the Council would rezone the property that it may open the door to other potential trash hauling or tree removal businesses. Councilman Slavinskas stated that he had explored every possible alternative but could not support the proposed rezoning. Rita Marshall stated that there is a violator on Wenger Street who has a dump truck considerably larger than Mr. Lee's which is filled with rubbish and the Code Enforcement Department does not site that vehicle. Mrs. DeClercq stated that she would follow up with regard to this complaint. Following further discussion, Councilman Luecke made a motion seconded by Councilman Coleman that Bill No. 1-88 be recommended unfavorably to Council. The motion passed unanimously. Councilman Slavinskas then noted that the last item on the agenda was review Bill No. 8-88 which would amend various sections of Article 5, Chapter 18 of the Municipal Code commonly known as "Procedures For Vacation of Public Ways and Public Places. " He noted that he was the Petitioner with regard to this Bill. He noted that the Bill would essentially change the fee from $100. 00 to a $150. 00 amount which would be non-refundable. He also noted that it would eliminate the requirement of notice by certified mail to property owners within 300 feet, and that only those directly abutting the property in question would be notified. He also noted that the proposed Bill would eliminate the written appraisal procedure. 3 The Council Attorney then gave further background information with regard to the proposed Bill and the Ordinance which was passed in October of 1987. Mr. Doug Carpenter questioned the notice procedure with regard to the 300 foot requirement. Councilman Zakrzewski noted in particular the East Wayne alley vacation and how notification was important to individuals who were beyond the abutting property owners. Councilman Slavinskas noted that his overall purpose of the Bill was to steam-line the procedure of believe that notice was important. Councilman Puzzello noted that she did not support the 300 foot requirement and believed that it was too large a distance. Councilman Voorde suggested that perhaps a 100 foot requirement should be considered and Councilman Coleman thought that a 100 foot requirement was also a possibility. Councilman Luecke stated that he had several questions with regard to the Ordinance and has possible alternatives which he thought the Committee should consider. In light of this concern, it was recommended that the Bill be continued until March 28, 1988 so that all possible alternatives could be reviewed and studies. Councilman Coleman made a motion seconded by Councilman Luecke that Bill No. 8-88 be continued until the March 28, meeting. The motion passed unanimously. There being no further business to come before the Committee, the meeting was adjourned at 5:20 p.m. Respectfully Submitted, Councilman Linas Slavinskas, Chairman Zoning and Vacation Committee LS:srk 4