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Home My WebLink About08-23-93 Zoning & Vacation $ �. ,...I j .. yet'J=Z� % 'eke Z4111)/0 Ski) WW2-CUM C®Mif[ erett The August 23, 1993 meeting of the Zoning and Vacation Committee was called to order by its Chairperson Lee Slavinskas at 4:30 p.m.in the council and formal meeting room. Persons in attendance included Council Members: Zakrewski, Coleman, Kelly, Duda, Puzzello, Luecke, Slavinskas, Wahington, and Ladewski, John Byorni, Mr. and Mrs. Brannen, Bruce Bancroft, Richard Morgan, Pat Brown, James Kronk, Terry Bland, Aledine Wigfall-Jones,Mrs. Woodcox, Mr. Carchewski, Kathleen Cekanski-Farrand. Councilmember Slavinskas noted that the first item to be reviewed was Bill No. 47-93 which is a zoning request for the property located at 135 E. Ireland Road. Mr. Richard Morgan of Barnes and Thornburg made the presentation. He noted that this Bill was continued at the last meeting of the Common Council. Mr. Byorni showed a preliminary site plan of the area in question and noted that it received a favorable recommendation of the Area Plan Commission subject to no access being made available to Norman Street. Mr. Morgan stated that his client requires access to Norman Street . The property in question is one thousand two hundred six (1,206) square feet which would have nineteen (19) parking spaces. It would be a Subway Fast Food Restaurant with deliveries taking place one or less times per day. Exit onto Norman Street would be allow delivery trucks out of the area. Mr. Pat Brown the developer than showed aerial photos of the area in question. Mr. Morgan noted that access to Norman Street is currently being used for the Car Wash which fronts Michigan Street and that the developer had attempted to purchase the abutting property, however was unable to do so in light of baking requirements associated with it. He also stated that lunch traffic makes up approximately 2/3 of their business with 1/3 being at dinner time. Mrs. Woodcox of 127 Norman than presented a letter in opposition to the proposed rezoning siting traffic and headlight problems. Councilmember Coleman voiced opposition to the proposed exit onto Norman and stated that he would back the rezoning without the Norman Exit. Councilmember Zakrewski also voiced opposition to the proposed rezoning. Following further discussion Councilmember Coleman made a motion seconded by Councilmember Puzzello that Bill No. 47-93 be recommended unfavorably to Council. The motion passed with a 3:1 margin with Council Member Washington in the minority. Councilmember Slavinskas stated that he likes the proposed development but he feels uncomfortable with voting with for this one because of the exit onto the Norman Street. The committee than reviewed Bill No. 65-93 which is a rezoning request for the property located at 1131 West Washington. Councilmember Slavinskas than circulated letters in opposition and in favor of the proposed rezoning. s 1 Zoning and Vacation Committee August 23, 1993 Page 2 Mr. Byorni stated that it received favorable recommendations from the area plan staff and Commission. The petitioner,Aladine Wigfall-Jones noted approximately 2 years ago the entire area addressing West Washington was rezoned to A. Prior to that she had a legal non-conforming use and was operating a Barber Shop and Food Facility. With the assistance of Mr. Gibney got a loan and renovated the property to have an apartment which could be used. She was advised that she must have a commercial zoning classification. She has been operating her business for approximately thirty (30) years. The rezoning would allow a drive through window. Councilmember Washington noted that many of the individuals who originally signed a petition in opposition have subsequently changed their minds and have both voiced their support of the project and signed a petition in support of it. He stated that he believes that her Barber Shop provides a very strong and positive foundation in the neighborhood itself and that this would be an appropriate use with the drive thru for the restaurant operation. Council President Luecke noted that the grandfather Clause in the past would have allowed an expansion or modification up to 33 1/2 percent however with that provision of our local code being changed that each request must now be reviewed by the Common Council. Following further discussion Councilmember Washington made a motion seconded by Councilmember Puzzello that Bill No. 65-93 be recommended favorably to Council. The motion passed. The committee then reviewed Bill No. 67-93 which is a petition to vacate an alley south of Navarre Street. Mr. Bancroft of the Barnes and Thornburg Law Firm than presented photos of the alley in question. He stated that he represents the physicians commonly known as Houser and Norburg. He stated that the expansion is necessary in light of the proposed addition to the physicians facility which would take six (6) of the twenty-five (25)parking spaces. The alley in question runs between lots and 363 and 364. There will be a total of five(5)doctors when the two story addition is in place which is an addition of one thousand one hundred twenty five (1,125) square feet. In order to meet the zoning request the alley is to be vacated so that the petitioner can meet the zoning requirements addressing parking. He stated that his client would be willing to agree not to block the alley. Mr. Victor Carchewski stated that he uses the north south alley and that the Day Care uses this alley also. He voiced opposition to it. Mr. Brannen stated that she fought this battle seventeen(17)years ago. She has been a resident living at 312 West Navarre and believes that the fourteen (14)foot alley should be kept open. Mr. Patrick Brennen then voiced opposition to the proposed vacation. He stated in circulated information from his legal file from 1976 when the last vacation was proposed. He circulated a petition with forty (40) names on it and showed pictures of the area in question. Councilmember Slavinskas noted that the improvements made by the physicians has been a benefit the community and the surrounding area by upgrading and keeping the alley open. Council President Luecke stated that this request is similar to the one involving St. Joseph Hospital were there would be a possibility of having a easement back to the City to keep the alley open. t Zoning and Vacation Committee August 23, 1993 Page 3 The Council Attorney then reviewed the law addressing vacation procedures and noted that all of the recommendations from the various departments from the City of South Bend where affirmative with regard to this request. Councilmember Colemen noted that because of the one-way streets in the area that it has posed difficult traveling. Council President Luecke stated that he believes that an easement requirement would be appropriate and was further advised that the building itself would not need a rezoning since it is zoned "B" and "residential." Following further discussion Council President Luecke made a motion seconded by Councilmember Puzzello that Bill No. 67-93 be recommended favorably to the Council subject to an easement acceptable to the City Attorney 's Office. The motion failed by a 2:1:1 motion with Councilmember Washington abstaining and Councilmember Coleman in the opposition. A subsequent motion was made by Councilmember Slavinskas seconded by Council Member Coleman that the Bill be recommended favorably to Council without recommendation. The motion passed. The Council Attorney than noted that following the hearing on Bill No. 47-93 involving the property at 135 East Ireland, Mr. Morgan informed her that the petitioner had contacted Subway directly. Subway would like the Council to consider the proposed rezoning with egress onto Norman only for Delivery trucks of Subway. The gate would be locked and the delivery trucks would be making deliveries one or less times per day during the day light hours. Mr. John Byorni than noted that on the agenda this evening for first reading was Bill No. 70-93 addressing flood plains. He stated that this must be passed by October in order to meet the Federal deadlines. He requested that the public hearing be set on it before the Common Council in September. There being no further business to come before the Committee the meeting was adjourned at 5:43 p.m. Respectfully submitted, Councilmember Lee Slavinskas Chairperson Zoning and Vacation Committee Attachments