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HomeMy WebLinkAbout07-27-92 Zoning & Vacation Commtttet Zeport ZONING AND VACATION COMMITTEE go the Common Council of the City of i6outh 040: The July 27, 1992 meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 4:50 p.m. in the Council Informal meeting room. Persons in attendance included Council Members Luecke, Coleman, Puzzello, Washington, Kelly, Slavinskas, Duda, and Ladewski; John Byorni, Ann Kolata, Ralph Komasinski, Richard Cook, John Oxion,Fred Holycross, concerned citizens,Don Porter, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item noted that the first item on the agenda was to review Bill No. 54-92 which would vacate a East/West alley North of East South Street in the John Rush first addition. Ann Kolata showed the Monroe Park site plan to the Committee as well as maps of the area in question. Council Member Slavinskas noted that the proposed vacation received a favorable recommendation from the Board of Public Works and all other listed entities. Following further discussion Council Member Coleman made a motion seconded by Council Member Puzzello that Bill No. 54-92 be recommended favorably to Council. The motion passed. Council Member Puzzello also noted that there was no remonstrance. The Committee then reviewed Bill No. 46-92 which is a request to amend the Zoning Ordinance by establishing an historic landmark for property located at 405 East Ewing Street. Council Member Slavinskas noted that he had received along with the members of the Common Council a letter from Fred Holycross the Director of the Historic Preservation Commission requesting that the proposed historic landmark designation for Riley High School be tabled until further notice. Mr. John Oxion stated that this process began with a petition of approximately one hundred (100) people and the unanimous recommendation of the Historic Preservation Commission. Ralph Komasinski,the acting Superintendent of South Bend Schools, noted that in light of the request to table the proposed Bill that he would reserve making formal comments until such time that there would be a formal public hearing. It was noted that Gene Ladewski had arranged tours of Riley High School which are to take place on Wednesday. The Committee then reviewed Substitute Bill No. 43-92 which would vacate the first East- West alley north of East Eckman which is located in the Lindbergh Park Addition of the City. Council Member Slavinskas noted that the formal public hearing was held at the last Council meeting. Zoning and Vacation Committee July 27, 1992 Page 2 The Council Attorney noted that since the last committee meeting on this matter that all Council Members should have received a letter from John Leszczynski (copy attached) regarding the Department of Public Works' willingness to accept deeds of dedication for alleyways from lot owners 207 and 208 and lot owners 13 and 14. The letter also confirmed the City's intention not to make improvements in this alleyway. The Council also had a Substitute Bill (copy attached) which amends section III which was prepared by the City's Legal Department. It was also noted that the City Legal Department had determined that there was no legal obligation to maintain the alley if it has been designated at a "paper alley" as the one in question. A response to a question Mr. John Byroni of the Area Plan Staff noted that the allegation made by Mr. Cook at the last meeting with regard to an alleged violation of a City Ordinance was incorrect. The Ordinance in question was the City Subdivision Ordinance which took effect after the subdivision in question was platted. He noted that this Ordinance was inapplicable to the current situation. Council Member Coleman noted that the issue in question was the vacation of the paper alley. Mr. Cook stated that he believes that there may be a fifth and fourteenth amendment violation involved. Council Member Puzzello again voiced concern with regard to paper alleys and that the rights and obligations are confusing at best in such situations. Following further discussion, Council Member Puzzello made a motion, seconded by Council Member Coleman, that Substitute Bill No. 43-92 be recommended favorably to Council. The motion passed by a 3 to 1 vote with Council Member Washington voting against the motion. There being no further business to come before the Committee the meeting was adjourned at 5:25 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson,Zoning and Vacation Committee att.