Loading...
HomeMy WebLinkAbout04-12-93 Zoning & Vacation Committee Report ZONING AND VACATION COMMITTEE To the Common Council of the City of South Bend: The April 12, 1993 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; Patrick Lynch, David DeVliegher, Mary Hall Mueller, Larry Magliozzi, John Byorni, Terry Munger, Don Porter and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda was Bill No. 101-92 which is a request to designate Madison Elementary School as a historic landmark has been requested by the Historic Preservation Commission to be continued indefinitely. Council President Luecke noted that he will continue to have ongoing discussion with South Bend Schools as well as HPC and will keep the Council updated on this topic. The Committee then reviewed Bill No. 7-93 which is a request to rezone the properties located at 1847, 1851, and 1855 Prairie. Mr. John Byorni then reviewed the Bill and showed a site plan to the Committee. He noted that the Area Plan Commission at its' meeting of March 16, 1993 recommended the rezoning favorably, however he stated that the Area Plan staff recommends denial in light of the fact they believe it is an intrusion to a residential area and would constitute spot zoning. Mr. Terry Munger of R.R.I Partnership doing business as Action Machine then made the presentation. He provided pictures of the area in question. He noted that the old Grubers Store which was a commercial use for over thirty (30) years has been vacant for approximately three (3) years. The zoning request is needed because Action Machine will have more than five (5) employees with the total number projected to be nine (9) employees. Action Machine has a distribution area of three (3) counties. He noted that the house currently has an apartment both in the upstairs and downstairs and would remain as that use. However, the structure which has a common wall between the old Gruber's 1 building and the machine shop would be opened to allow further expansion. Hours of operation would be 7: 00 a.m. to 4 : 30 p.m. It was noted in response to questions raised by Council Member Slavinskas that expansion is in the drive shaft business. Council Member Duda noted that she lived seven houses from the old Gruber, store for approximately seventeen (17) years. She stated that the building looks abandoned and that with this business it would be a great improvement to the area. It was noted that the Petitioner has worked with the Engineering Department with regard to traffic circulation and that the Petitioner would follow the Engineering Department's recommendation. Council Member Zakrzewski stated that he is the District Council Person in the area He noted that he has been in contact with the Rum Village Board as well as neighbors, and that they are all positive with regard to this proposed rezoning. Council Member ' Slavinskas questioned why the Petitioner was required to rezone. Mr. Munger noted that Don Fozo made the determination because the use is more commercial than industrial in nature. Following further discussion, Council Member Puzzello made a motion, seconded by Council Member Coleman, that Bill No. 7- 93 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 20-93 which is an alley vacation request for North LaPorte. Council Member Slavinskas noted that the Fire Department had no objection to the proposed vacation as long as access to the garage was available. Mr. Patrick Lynch made the presentation. He noted that he was representing the property owners at 925 West Washington as well as the property owner directly to the east of that property. He stated the substantial 1 renovation and rehabilitation is taking place and that because of noises and problems with regard to security that the vacation request was being made. Council President Luecke noted that Mr. Lynch had recently moved the house to the area and that it would substantially enhance the property. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Puzzello, that Bill No. 20-93 be recommended favorably to Council. The motion passed. The Committee then reviewed Bil! No. 21-93 which is a request to vacate the alley near West Donald. Mr David DeVliegher made the presentation. He stated that the alley 2 1 . in question has not been used for over 43 years. He noted that Mitch Hall had recently inherited the property and needed to vacate the alley. Council Member Slavinskas noted that all departments gave favorable recommendation. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Washington, that Bill No. 21-93 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 22-93 which would amend Chapter 21 of the South Bend Municipal Code. Mr. John Byorni made the presentation. He noted that this procedure would have a public hearing on land which was brought into the City on an annexation only if it comes in and would be used for uses other than "A" Residential. He noted that he um from the Legal Department a memorandum artment this morning g P requesting amendments to the Bill. Mary Hall Mueller of the City Legal Department stated that she does not believe that the amendments are necessary. The Council Attorney also stated that she believed that the new requests from the Legal Department regarding the amendments were not necessary. Council Member Slavinskas noted that the Bill appears to be in direct response to the Killington Way problem which recently surfaced. He noted that the second Public Hearing before the Common Council was the only opportunity for the affected property owners to voice their concern. Council Member Duda voiced similar concerns. Council President Luecke stated that he believes the Bill is appropriate. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Puzzello, that Bill No. 22-93 be recommended favorably in its' original form. The motion passed. The Committee then reviewed Resolution No. 93-37 and Bill No. 24-93 which deal with the Stouffer annexation. Mr. Larry Magliozzi made the presentation. He stated that this is necessary in light of a one (1) word error in the legal description in the prior Bill. He noted that the previous Resolution and Ordinance were acted upon favorably by the Common Council. He stated that if the Council would act favorable this evening that it would become effective on July 2 , 1993 . He also noted that the area in question was totally surrounded by the City. Following further discussion, Council Member Coleman made a motion, seconded by Council Member'Puzzello, that Resolution No. 93-37 addressing the written fiscal plan be recommended favorably to Council. The motion passed. 3 Council Member Coleman then made a motion, seconded by Council Member Puzzello, that Bill N. 24-93 dealing with the annexation be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, the meeting was ajourned at 4:40 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning in and Vacation Committee attachments 4