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HomeMy WebLinkAbout04-23-90 Zoning & Vacation UInmmtttrr'smart ZONING AND VACATION COMMITTEE Ma the fioumion QIoun i of tilt Mhj of*oath limb: The April 23, 1990, meeting of the Zoning and Vacation Committee was called to order by its Chairperson Council Member Lee Slavinskas at 4:00 PM in the Council Informal meeting room. Persons in attendance included Council Members Luecke, Niezgodski, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, Voorde; Mr. John Peddycord, Mr. Don Porter, Mr. T. Brooks Brademus, Mr. Carl Schramm, Mr. James J. Crimmins, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda was to review Bill No. 4-90 which is a rezoning request for the property located at 710 East Colfax. Mr. John Peddycord, the attorney for the petitioner, Mr. Crimmins, then reviewed the bill. He noted that his clients purchased the property in 1989 without benefit of legal counsel. They then filed a petition with the Board of Zoning Appeals on a pro se basis and'were turned down with the BCA stating that they lacked jurisdiction. It was then recommended that they file an appropriate ordinance to rezone the property. At the time of purchase, the building in question was being used for computer sales. THe new owners James and Mary Sue Crimmins, believed that their proposed use of utilizing it for accounting and bookkeeping aspects of the business commonly known as Rainbow International Carpet dyeing & Cleaning Company would be consistent with the local ordinances. It was noted that at the Area Plan Meeting of March 20, 1990, that an "unfavorable recommendation" was given to the proposed rezoning (copy attached) . Mr. Peddycord suggested that the Council entertain the possibility of utilizing a "commitment regarding use and development of real property" and provided a copy of it for the committee to review (copy attached) . Council Member Puzzello spoke in favor of the rezoning especially in light of the fact that United Health Services had provided a letter in favor of the project and addressed the parking situation. She also voiced concern that the City should go forward in reviewing the possibility in creating a new zoning classification such as "0" office. Zoning and Vacation Committee April 23, 1990 Page 2 Council Member Voorde also suggested that the new "0" office designation be developed by the City. He did voice concern, however, with regard to signage that would be utilized in the area if the zoning was approved. Council Member Luecke stated that he was against the "C" commercial designation and also questioned the frequency of trucks that would be used from the facility. Council Member Coleman noted that there may be an issue of hardship in light of the misleading information given to the current owners at time of purchase. In questions raised by Council Member Coleman, the Council Attorney then briefly reviewed Indiana Code Section 36-7-4- 613 which addresses commitments under state law which took affect in 1986. She then questioned Mr. Peddycord as to whether the Commission had seen his proposed commitment and whether he had discussed the proposed commitment with the staff of the Area Plan Commission. Mr. Peddycord noted that he had not discussed with either the Commission or the staff. The Council Attorney noted that state law appears to require commitments to be approved by the Area Plan Commission as opposed to the Common Council. She then suggested that she be allowed time to contact the City Attorney's office to see if they have a position on this state law since it has been not used in the past. She also recommended that the Committee take no formal action and again discuss it at the time of the informal meeting at 6:45 PM this evening. Council Member Slavinskas stated that he has driven by the area on several occasions and would consider it a "spot zoning". He noted, however, that Elkhart uses a "P" professional zoning classification and would be supportive of investigating the Elkhart zoning and the "0" office proposed zoning as new classifications at a future date. He also noted that in light of the fact that the business is already in operation, that the Council should attempt to try to resolve this. Council Member Niezgodski then made a motion seconded by Council Member Slavinskas that Bill No. 4-90 be recommended favorably to Council. The motion died for lack of a majority with a 2-2 vote with Council Members Coleman and Luecke in the minority. Zoning and Vacation Committee April 23, 1990 Page 3 Council Member Coleman then made a recommendation, seconded by Council Member Niezgodski that the bill be recommended without recommendation to the full Council. THe motion passed by a 4-1 vote with Council Member in the minority. Council Member Slavinskas then noted that Bill No. 26-90 addressing off street parking would have first reading this evening. He stated that Mr. T. Brooks Brademus had requested time to speak before the Committee on this bill. Mr. Brademus then provided a proposed amendment to Bill No. 26-90. He stated that the basic reasoning behind his proposal was a compromise position, that being that patrons be within a 300 foot radius and that employees be within a 500 foot radius for parking purposes. There being no further business to come before the Committee, the meeting was adjourned at 4:45 PM. Respectfully submitted, Council Member Lee Slavinskas Chairperson, Zoning and Vacation Committee