HomeMy WebLinkAbout11-22-93 Zoning & Vacation Committee Report
ZONING AND VACATION COMMITTEE
To the Common Council of the City of South Bend:
The November 22, 1993 , meeting of the Zoning and Vacation
Committee was called to order by its Chairperson, Council
Member Lee Slavinskas at 5: 05 p.m. in the Council Informal
Meeting Room.
Persons in attendance included Council Members: Luecke,
Washington, Kelly, Puzzello, Slavinskas, Coleman, Duda,
Ladewski; Mel Reed, Ann Kolata, John Oxian, Don Porter, John
Byorni, and Kathleen Cekanski-Farrand.
The first item on the agenda was to review Bill No. 93-93
which is a rezoning request for the property located at 317
West Washington.
Mr. John Byorni noted that the Area Plan Commission sends it
to the Council with a favorable recommendation. Ann Kolata
made the presentation. She stated that the petitioner is
the Alexander Company. They are requesting an A-3
designation so that the old Central High School can be
turned into residential uses. She stated that there would
be between 102 to 107 apartments and that the project would
be completed by 1994 .
The following questions were then asked as to the number of
one (1) and two (2) bedrooms projected, what was the
intention of the swimming pool, and parking. Mrs. Kolata
stated that she would have a response to each of these items
at the Council Meeting on November 29th. It was also noted
that the site would not be zoned to a specific site plan.
Council President Luecke questioned Mr. Oxian with regard to
the historical status and noted that he has been in contact
with the developer with regard to the exterior of the
building. It was also questioned whether there would be a
roof top garden planned for the facility. That question
would be further researched.
Following further discussion, Council Member Puzzello made a
motion seconded by Council Member Coleman that Bill No. 93-
93 be recommended favorably to Council. The motion passed.
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Zoning and Vacation
November 22, 1993
Page 2
Council Member Slavinskas noted that Bill No. 76-93 , the
rezoning request for the property located at 802 North Olive
was continued from the last Council Meeting. Mr. Byorni
noted that the property in question apparently was
grandfathered as a residential use. He noted that the
permits for the building were issued in March of 1992 , one
for an electrical permit and one in July of 1992 for two (2)
furnaces. Mr. Fozo met with Mr. Murdock last Monday and
offered to have a site inspection done.
Mr. Mel Reed talked on behalf of the petitioner. He noted
that the property in question is currently "C" Commercial
and that he sees a "B" request as a further restriction
regarding the zoning usage.
Council Member Duda stated that she would like to hear a
further update from the Building Department before a final
decision was made. Council Member Ladewski stated that he
believes that the original owner had rental units on the
second floor and that he did not see it as a problem of
density. Council Member Coleman noted that residents near
the property in question voiced objections which may not be
germane to the zoning request but should be respectfully
considered.
Council President Luecke stated that he believes that
density is a proper criteria when reviewing a zoning request
for the property in question. He stated that he believes it
is too dense a use even though it is residential in nature.
He voiced concern with regard to legalizing a new use and
further noted that residential over commercial uses are
acceptable in order to keep the commercial use in place. He
noted, however, that if the zoning request is favorably
acted upon that the three (3) apartments would be forever.
Council Member Washington stated that he has mixed opinion
with regard to the property in question. He noted that
there is a density problem.
Council Member Puzzello stated that she would vote in favor
of the proposed rezoning. She noted, however, that for
whatever reason Mr. Murdock is not seen favorably by his
surrounding neighborhoods and perhaps he could initiate more
positive discussion.
Following further discussion, Council Member Puzzello made a
motion seconded by Council member Washington that Bill No.
Zoning and Vacation
November 22, 1993
Page 3
76-93 be recommended without a recommendation to the full
Council. The motion passed. Council Member Slavinskas
noted that this Bill was being sent without recommendation
in light of the pending update from Mr. Fozo's meeting with
Mr. Murdock.
The Committee then reviewed Bill No. 90-93 which is a
request from the Historic Preservation Commission. Mr.
Oxian stated that he would like the current one (1) year
time period to be increased to five (5) years for demolition
only for historic structures. Council President Luecke
noted that the State Law requires either the majority of the
Common Council or the Area Plan Commission to initiate such
a Bill. He further noted that the Area Plan Commission has
declined to file the Bill on behalf of the Historic
Preservation Commission. Accordingly, the question is
whether the Bill in question has the support of the Council
for the process to begin.
Council Member Coleman stated that he believes that the five
(5) years may be excessive and that perhaps a two (2) year
period should be considered. He cited the Southern Hotel as
one of the examples. He also suggested that perhaps Mr.
Oxian could work with the Council Attorney on this matter
before it is formally brought back. Council Member
Slavinskas also requested Mr. Oxian to work with the Council
Attorney on this Bill. Council Member Washington stated
that a five (5.) year period may be too much of an economic
burden on a developer.
Mr. Byorni noted that the flood plain ordinance recently
passed by the Common Council will be amended with new dates
included within it. He noted that the dates are required
and have been verified by officials of the State of Indiana.
There being no further business to come before the
Committee, the meeting was adjourned at 6: 10 p.m.
Respectfully submitted,
Council Member Lee Slavinskas
Chairperson, Zoning and VAcation Committee
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