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HomeMy WebLinkAbout08-08-94 Zoning & Annexation COMM = Zsport: Zoning and Annexation Committee to the Common tountil of he City of South Stub: The August 8, 1994 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 4:15 P.M. in the Council informal meeting room. Persons in attendance included Council Members: Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; John Byorni, Tony Zappia, Dennis Laskowski, Don Fozo, Stewart Linder, John Oxian, Don Porter, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No. 63-94 which would rezone the property located at 215 East Ireland. Mr. John Byorni noted that it received a favorable recommendation from the staff and the Area Plan Commission. An overhead was then shown. Mr. Stewart Linder, the petitioner noted that the rezoning would allow a building and business expansion. Following discussion,Council Member Duda made a motion, seconded by Council Member Washington that Bill No. 63-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 70-94 which would amend Chapter 21 of the South Bend Municipal Code by establishing regulations for Recycling Drop Off Centers. Mr. John Byorni stated that this was an Area Plan initiated ordinance. He noted that Notre Dame wanted to have several recycling drop off centers however there is no zoning classification for such a use. The proposed Bill received a favorable recommendation from both the staff and the Area Plan Commission. Concerns were raised by Council Members Zakrzewski, Ladewski, Coleman, and Puzzello with regard to such centers being an accessory use. Council Member Coleman believed that further regulation for such uses were necessary. Following discussion Council Member Duda made a motion, seconded by Council Member Washington that Bill No. 70-94 be recommended favorably. Council Members Zakrzewski and Puzzello abstained on the vote. Council Member Duda questioned whether there would be a permit process and was advised that one would not be required since the ordinance deals solely with zoning regulations. Council Member Zakrzewski questioned who would monitor the system. Council President voiced concern in light of a very small church being operated behind her home. Both Council President Puzzello and Council Member Zakrzewski stated that they were not interested in this type of an accessory use in"A"residential areas. The Committee then reviewed Bill No. 73-94 which is a rezoning request for Ireland Road West of Ironwood. Mr. Byorni noted that this was an Area Plan initiated ordinance. No remonstrance was received. It receives a favorable from both the staff and the Area Plan Commission. It was noted that Dr.Varner was an "0" office in the County and now is "A" residential. Council Member Slavinskas noted that he believes that the zoning enhances the property value. Committee Report Zoning and Annexation August 8, 1994 Page 2 Following discussion, Council Member Duda made a motion, seconded by Council Member Zakrzewski that Bill No. 73-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 74-94 which is a rezoning for New Cleveland Road East of Mayflower. Mr. Byorni noted that it received a favorable recommendation from the staff and the Area Plan Commission. It was noted that Mrs. Brown owns most of the property and is in favor of the proposed rezoning. There were remonstrators at the Area Plan Commission meeting. On hundred (100) foot setback requirements from residential areas would be required and parking cannot take place within the 100 setback. Following discussion, Council Member Duda made a motion, seconded by Council Member Zakrzewski that Bill No. 74-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Resolution No. 94-78 which is a BZA matter involving the property 1924 East Edison. Mr. Tony Zappia, the attorney for Dr. Paul Sergio made the presentation.He noted that the request involves the parking for this Dental office. Council Member Coleman voiced concern with regard to the potential for commercial business encroaching in this area. Following discussion, Council Member Zakrzewski made a motion, seconded by Council Member Duda that Resolution No. 94-78 be recommended favorably to Council. The motion passed. Under special business, it was recommended that the Committee discuss and establish proposed procedures for the appeal from the Historic Preservation Commission of a denial of a certificate of an appropriateness for the property located at 615-617 Riverside Drive. Council President Puzzello noted that this matter has been set as a special business item at this evenings Common Council meeting. She noted that a formal request pursuant to the applicable sections of the South Bend Municipal Code were followed. Copies of the August 2, 1994 letter from the City Attorney's office, the August 3, 1994 letter from Mr. Anthony M. Zappia the attorney for Mr. Dennis Laskowski with attachments were then provided to each of the Council Members. The Council Attorney noted that she had been in contact with the City Attorney's office who will handling representation of the Historic Preservation Commission as well as the attorney for Mr.Laskowski,Mr. Zappia with regard to setting up procedures. She then handed out a proposed format for discussion (copy attached). She noted that both attorneys, namely Mr. Zappia and Aladean M. Derose were in agreement with the recommended procedures. She indicated that there are two basic issues for review as highlighted on the first page of the handout. 4 � Committee Report Zoning and Annexation August 8, 1994 Page 3 It was also noted for the record that the City Attorney's office on behalf of the Historic Preservation Commission had filed a "Position Statement of Historic Preservation", "evidentiary and Administrative records of the Historic Preservation Commission",and"Addendum to Packet Materials". The Council Attorney also noted that Council President Puzzello had previously provided documents on behalf of Mr.Lasowski which were placed in each of the Council Member boxes(copy attached). Following discussion, Council Member Slavinskas made a motion , seconded by Council Member Duda that the proposed two page format prepared by the Council Attorney with a copy of the applicable sections South Bend Municipal Code be the governing rules and regulation for this evening's appeal before the Common Council. The motion passed. There being no further business to come before the Committee the meeting was adjourned at 5:05 P.M. Respectfully submitted, Council Member,Lee Slavinskas, Chairperson Zoning and Annexation Committee Attachments KCF:ds Attachments KCF:ds