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HomeMy WebLinkAbout07-13-92 Zoning & Vacation 1Iurnrntttrr Erpurt T ZONING AND VACATION COMMITTEE Oa fig glrnnmon Mound! of iltr Qtttg of*nutty *nit. TheJuly 13, 1992 meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas, at 4:00 p.m. in the Council Informal Meeting room. Persons in attendance included Council Members: Luecke, Coleman, Puzzello, Washington, Slavinskas, Zakrzewski,Duda, and Ladewski; John Byorni, James Masters, Ann Bolincamp, Richard Morgan, Mr. and Mrs. Dobbins, Richard Chapman, Mr. and Mrs. Klockow, Mary Hall Mueller, Richard Cook, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No. 34-92 which would amend the Zoning Ordinance for the property located at the Southwest corner of Ralph Jones Drive and William Richardson Drive. Mr. John Byorni gave the presentation on behalf of the petitioner, the Area Plan Commission. It was noted that the property would rezone from "A" Residential "A" Height and Area to "D" Light Industrial "A" Height and Area. It received a favorable recommendation from the Area Plan Commission at its meeting on June 16, 1992. Following discussion, Council Member Coleman made a motion seconded by Council Member Puzzello, that Bill No. 34-92 be recommended favorably to Council. The motion passed. The next item on the agenda was to review Bill No. 36-92 which would amend the property located at 721, 723, and 725 Howard Street. Mr. James Masters, the attorney for the Petitioner, gave the presentation. He noted that the Petitioner is the Religious Order of St. Matthew and would change the property from "A" Residential "A" Height and Area to "B" Residential "A" Height and Area. The contingent purchaser is the University of Notre Dame, du lac who would use the property for the Notre Dame Law School Legal Aid Clinic. This matter at public hearing before the Area Plan Commission on June 17, 1992 and was sent to the Council with a favorable recommendation. A variance was granted by the Board of Zoning Appeals allowing that there be no off-street parking required. Ann Bolincamp spoke in favor of the Bill. Mr. Byorni noted that this re-zoning should be reviewed under the Zoning Requirements and the "uniqueness of the property". He read into the record the findings of the Commission set forth in their letter of June 17, 1992 (copy attached). Council Member Ladewski voiced concern over the letter from Art Quigley of the Northeast Neighborhood Association. It was noted that the concerns raised in that letter have been met. Council Member Coleman noted that the Chapel in the facility is underused currently and that the building is unique. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Puzzello, that Bill No. 36-92 be recommended favorably to Council. } T Zoning and Vacation Committee July 13, 1992 Page 2 The next item on the agenda was to review Bill No. 43-92 which is a proposed alley vacation in the fifth district. Council Member Slavinskas stepped down as Chairperson of the Committee meeting for this particular Bill. He showed a diagram of the area in question and also presented a video which he made of the area in question. He noted that the Council has a choice of whether to vacate, whether to deny the vacation, or whether to strike a negotiated settlement of the issue. He noted that he had discussions with the City Engineer and that the alley in question is considered a "paper alley", is known not to be used, and has not been maintained by the City. The Petitioners, Mr. &Mrs. Dobbins, stated that the alley in question has not been used in over 25 years. One portion of the alley has been grassed in and that they believe that the vacation is necessary to prevent crime and to enhance safety in the area. Mr. Richard Chapman spoke in favor of the Petition. It was noted that this matter went before the Board of Public Works at its meeting of July 6, 1992, and that it received a favorable recommendation at that time. Mr. Richard Cook, an attorney for Mr. & Mrs. Klockow spoke in opposition to the proposed vacation. He stated that she believes in his opinion that the video is deceptive and that he request that the petition be denyed. Mr. Klockow spoke in opposition citing that the vacation would hinder the placement of his firewood. Mrs. Klockow also spoke in opposition citing the inconvenience it would place on the elderly residents of the area with regard to trash pickup. In response to a question raised by Council Member Zakrzewski, Council Member Slavinskas stated that he would like to have the property left "the way it is". It was also noted that the possibility has been discussed with the City Engineer of vacating the property and then having the property dated back to the City. At this point Mr. Cook requested that an affidavit in support of objection to the vacation be entered into the record(copy attached). Council Member Slavinskas also noted that he had spoken to Mary J. Slovoda after July 9, 1992, and that she requested that the property be left as it is and maintain its status quo. Council Member Coleman stated that he believes that this is a neighborhood dispute and that he is disappointed that the City Council is placed in a situation like it is a small claims court. He stated that he believes that it is a problem of three neighborhoods. Council President Luecke also voiced frustration over the situation. He did state however that he believes that the property in question should be either vacated or not vacated in that no one should lose access to their property. Council Member Duda stated that the neighborhood is divided, and that the majority of the neighborhoods must agree on a position before she could vote for the Bill. Council Member Ladewski stated that is matter cannot allow to remain in "mid air" and that he is concerned about illegal encroachments by the affected property owners. It was also noted by Council Member Slavinskas that the alley is not being used for trash pickup on a regular basis. t I Zoning and Vacation Committee July 13, 1992 Page 3 Council Member Coleman questioned Mr. Klockow with regard to use of the alley. Mr. Klockow noted that he had not used the alley until recently for vehicular use. In light of the lateness of the hour and the other Bills to be heard, Council Member Washington made a motion seconded by Council Member Slavinskas that discussion on this Bill be continued after the other Bills set for public hearing before the Committee. The motion passed. The Committee then reviewed Bill No. 49-92 which would vacate the property located in Cottrell First Addition. Mr. Richard Morgan, the attorney for the South Bend Medical Clinic provided a map of the proposed alley vacation. (copy attached). It was noted that the Bill received a favorable recommendation from the Area Plan Commission. Council member Ladewski noted that he had discussed this matter with the City Council Attorney and because of his employment with the South Bend Clinic that he would be obstaining from formal action on the proposed vacation. Following further discussion, Council Member Puzzello made a motion, seconded by Council Member Coleman that Substitute Bill No. 49-92 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 44-92 which would amend Chapter 21 of the Municipal Code addressing Zoning. Mr. John Byroni of the Area Plan Staff made the presentation. He noted that this Bill would amend the "A-3" mixed use multi-family residential and commercial district by including designations addressing "clubs". Mary Hall Mueller of the City Attorney's Office spoke in favor of the Bill. Mr. Byorni noted that this Bill received a favorable recommendation from the Area Plan Commission at is meeting of June 16, 1992. Following further discussion, Council Member Coleman made a motion seconded by Council Member Puzzello that Bill No. 44-92 be recommended favorably to Council . The Motion passed. The Committee then returned to Bill No. 43-92 and continued discussion on the proposed vacation. Council Member Washington voiced concern over the legal issues raised and the threat of litigation made by Mr. Cook. The Council Attorney recommended that all of the issues should be properly researched and that the Bill be reviewed in light of the applicable state law located at Indiana Code Section 36-7-3-12, and those sections following that particular section, as well as South Bend Municipal Code Section 18-53.8. Council Member Washington made a motion, seconded by Council Member Coleman,that the Committee make no formal recommendation pending further update and that it be continued at the regular meeting of the Common Council. The motion passed. There being no further issues to come before the Committee, the meeting was adjourned at 5:35 p.m. Respectfully submitted, Council Member Lee Slavinskas Chairperson Zoning and Vacation Committee