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HomeMy WebLinkAbout08-13-90 Zoning & Vacation eatitnentr annul ZONING AND VACATION COMMITTEE alu the Timm Council of tip (its of ePnnt# Nntit The August 13, 1990 meeting of the Zoning and Vacation Committee was called to order at 4:20PM in the Council Informal Meeting Room by its chairperson Council Member Lee Slavinskas. Persons in attendance included Council Members: Zakrzewski, Coleman, Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Duda; John Oxian, Timothy Hartzer, George Harendeen, Robert Sante, Anthony Zappia, Mr. Hinesley, Sr. , Mr. Hinesley, Jr. , Don Porter, John Burney and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that Bill #3590 which would ammend the zoning for the properties located at 1400, & 1411 North Anderson, and 1408 Elwood has been requested by the petitioner to be continued indefinitely to allow a hearing to take place before the Board of Zoning Appeals. Council Member Slavinskas then noted that the next item to be reviewed was Bill #17-90, which would amend Section 21- 112 of The South Bend Municipal Code entitled "Exceptions in led "Exceptions in All Districts" . Council Member Slavinskas, the sponsor of the Bill then reviewed its purpose. He noted that a substitute version is on file with the City Clerk in that the Area Plan gave it a favorable recommendation at its meeting of July 17, 1990. It basically brings the local ordinance in compliance with due process requirements for both not for profit and for profit entities to utilize the 4H Fairgrounds. Following discussion by the Committee, a motion was made by Council Member Niezgodski and seconded by Council Member Zakrzewski that Substitute Bill #17-90 be recommended favorably to council. The motion passed. The next item on the agenda was Bill #29-90 which would ammend the zoning for the Northwest corner of Howard Street and Notre Dame Avenue. Mr. Timothy Hartzer, the Attorney for the Petitioner noted that a press conference was held earlier this afternoon. On behalf of his clients, he is requesting that the Zoning Petition and accompanying ordinance be withdrawn from Council Consideration. He noted that he believes that the overall process was positive, as well as being educational; however it is not the right time to rezone this property. He noted that his clients will continue to be a positive contribution to the neighborhood in question. He then provided a copy of the news release (copy attached) to the committee. Zoning and Vacation Committee August 13, 1990 Page 2 Following further discussion, Council Member Nieczgodski made a motion seconded by Council Member Zakrzewski that the Committee recommend that Bill #29-90 be recommended to be struck from the agenda at this evenings meeting. The motion passed. The Committee then reviewed Bill #32-90 which would amend section 21-1 of the South Bend Municipal Code addressing the definition of swimming pool. Council Member Puzzello noted that a Substitute Bill was on file with the City Clerk and that it received a favorable recommendation by the Area Plan Commission at its meeting of July 17, 1990. She noted that she is most concerned about the safety of both inground and above ground pools, however did not want to have the City create an undue hardship by unreasonable fencing requirements. Council Member Slavinskas noted that he had filed a Bill, namely Bill #74-89 and later withdrew it since it was his understanding that a state law was in effect requiring 5 foot fences around pools. He stated that he is concerned with regard to "wading pools" and believes that those types of circumstances create attractive nuisances. The Council Attorney noted that some communities address pools by requiring coverings on wading pools or requiring them to be drained after use each day. Council Member Coleman stated that this was a very subjective area and he believes that the Council needs further expertise before taking formal action in this area. Mr. Robert Sante of The Area Plan Staff noted that the requirement in question would change the definition of swimming pool which is currently defined as anything over 24 inches in depth to include all structures inground or those above ground with a depth of 42 inches or greater which have a controlled, filtered water supply thereby eliminating the fencing requirement for above ground pools which are less than 42 inches deep or those that do not have a controlled filtered water supply. Following further discussion it was recommended that the Bill be continued until the Council Meeting of September 10. The next item on the agenda was to review Bill #34-90, which would amend the property located at 3822 Lincolnway West. Zoning and Vacation Committee August 13, 1990 Page 3 Mr. Anthony Zappia, the Attorney for the Petitioner, noted that a Substitute Bill was on file for this. He also noted that at the Area Plan Commission Meeting of July 17 that it received an unfavorable recommendation. Mr. Zappia showed revised site plans to the Committee whereby his client is requesting that 115 feet of the 125 feet formerly set aside for screening be utilized for additional parking. The 10 foot area would then be used for screening and the Petitioner would plant 68, 5 foot evergreens. Council Member Duda voiced concern with regard to screening and stressed the need for mature trees. Mr. Hinesely Sr. , stated that he would like to be a good neighbor to the surrounding community. Mr. George Harendeen, the Attorney representing Homeowners opposed to the rezoning then briefly summarized his position. He stated that in 1985 when the Common Council originally improved the rezoning request that it specifically required the 125 feet to be a buffer area. He stated that zoning should not be a matter of convenience. He noted that he had numerous petitions in opposition to the proposed rezoning and would present them to the Council formaly this evening. Council Member Soderberg questioned the use of the garage and was advised that it was used for washing vehicles but that no mechanical work was done at the location. Council Member Luecke questioned the number of parking spaces requested. He was advised that there was a need for more access to maneuver the various vehicles. Council Member Nieczgodski stated that the project is within the 2nd District and that he spoke in favor of it at the Area Plan Commission Meeting. He further noted that no one contacted him to remonstrate against it. He stated that the property is well maintained and believes that there is one residential home, however there are numerous trees which would act as a buffer. He further noted that Mr. Tom Strausbaugh did contact him and advised him that he did not receive a letter with regard to the propose rezoning. Mr. Zappia however, stated that his client complied with the 30 foot notice requirement and showed a computer print out to the Council Attorney verifying that proper notice was given. Mr. Zappia also noted that the only reason his client is going through the rezoning process is because it was A Zoning and Vacation Committee August 13, 1990 Page 4 determined by his client that this would be a "substantial change". Two women spoke in opposition to the proposed rezoning who did not provide their names to the Committee. It was noted for the record that the Common Council approved the initial rezoning at its meeting of January 28, 1985. Council Member Duda stated that she believes the property should be properly utilized. Council Member Coleman that ownership should not be a factor when determining proper land use in that he does see it as a further encroachment of the neighborhood. Following much discussion, Council Member Niezgodski made a motion seconded by Council Member Slavinskas that substitute Bill #34-90 be recommended favorably to Council. The motion passed with Council Members Niezgodski and Skavinskas voting in favor, Council Member Coleman voting in opposition, and Council Members Zakrzewski and Luecke abstaining. The next item on the agenda was to review Bill #36-90 which would ammend the zoning for the property located at 529 South Fellows Street. Mr. William Panzica spoke on behalf of the Petitioner. He noted that at the July 17, 1990 meeting of the Area Plan Commission that it received an unfavorable recommendation. He stated that the property in question would have 13 additional parking spaces and 2 handicapped parking spaces. Council Member Luecke questioned why the Petitioner was utilizing the rezoning route as opposed to petitioning the Board of Zoning appeals. Mr. Panzica noted that he had contacted Mr. Jeff Gibney, who recommended the rezoning process. He also noted that there is a pending petition before the BZA. Following further discussion, Council Member Zakrzewski made a motion seconded by Council Member Coleman that Substitute Bill #36-90 be recommended favorable. The motion passed with Council Member Coleman voting in the minority. Mr. John Oxian then reviewed Bill #46-90 which would establish an Historic landmark for the property located at 119 LaPorte. He noted that the property in questioned is ranked a "12" and is a Queen Anne style. Following further discussion, Council Member Zakrzewski made a motion seconded by Council Member Niezgodski that Bill #46-90 be recommended favorably to Council. Zoning and Vacation Committee August 13, 1990 Page 5 Mr. Oxian then reviewed Bill #47-90 which is a request to establish an historic landmark for the property located at 1533 Lincoinway West. Mr. Oxian noted that an amendment is in order to this property. He noted that this is owned by his family and that originally soap was manufactured at its location. Following further discussion, Council Member Coleman made a motion seconded by Council Member Zakrzewski that amended Bill #47-90 be recommended favorably to Council. The motion passed. Council Member Luecke suggested that the Historic Preservation Commission send pictures of proposed landmarks to the Council. Mr. Oxian noted that the process was used in the past and that he would follow up to see that survey cards were sent to the Council for its deliberations. The Committee then reviewed Bill #54-90 which would rezone the property located at 4612 South Main Street. Mr. Bob Sante of the Area Plan Staff, noted that this bill was to correct an error of approximately 20 years ago. He noted that it received a favorable recommendation from the Area Plan Commission at its meeting of July 17, 1990. Essentially, it would rectify an error in the "Book of Maps" and grant the property the commercial zoning it received in 1970. Following further discussion, Council Member Luecke made a motion seconded by Council Member Zakrzewski that Bill # 54- 90 be recommended favorably to council. The motion passed. Mr. Sante then introduced Mr. John Burney, who is the new Senior Planner of the Area Plan Staff. He replaces Mr. Kevin Joyce. There being no further business to come before the Committee, the meeting was adjourned at 5:50PM. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Vacation Committee.