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HomeMy WebLinkAbout01-09-95 Zoning & Annexation Committ*s Z*port: Zoning and Annexation Committee tbt common tOU1ttij of tbt City of bout j %Stub: The January 9, 1995 meeting of the Zoning and Annexation Committee was called to order by it Chairperson, Council Member Lee Slavinskas at 4:55 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 Oxian, A. Howard Williams, Bob Nagel,Don Porter, Jim Boomhower,David DuVall, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No. 91-94 which would establish as an Historic Landmark the property located at 310 West Monroe Street. Mr. DuVall made the presentation. He noted that this is a recommendation from the Historic Preservation Commission as an attempt to recognize African-American buildings for historic purposes. He stated that the church in question is rated as"significant". Council Member Zakrzewski stated that Sandy Combs provided him with copies of a letter dated September 18, 1994 from the current Pastor of the congregation which was in opposition to it in September and remains in opposition to it today (copy attached). Council Member Washington questioned whether the congregation purchased the building. Mr.DuVall stated that he believed that the purchase had been approved. Council Member Coleman requested a further update since the last Council meeting, since the continuance was based on the church and the Department of Redevelopment getting together. Mr. DuVall noted that Rev. Derickson had been out of the hospital following a heart attack for only 2 to 3 days and that the main issue was separation of church and state at that meeting. Council Member Washington stated that we should give deference to the church and their remonstrance. Council Member Duda agreed with Council Member Washington however she stated that there should be recognition of a building of this type,recognizing African-American heritage. Council Member Slavinskas stated that this is a difficult discussion and he respects the concerns of the remonstrators but he also respects the guidelines established by Historic Preservation and if they have been met why should they be undercut. Council Member Coleman asked whether the designation would impede or undercut the use of the building and whether it would create an undue hardship. Mr. Oxian stated that a lawsuit was possible based on decisions handed down in Oregon and Pennsylvania in those situations where Councils take side with the property owner as apposed to the Historic Preservation Commission. Council Member Puzzello stated that she has voted in the past with the desires of the property owners and believes that they should be involved in the process with regard to notice and overall involvement and understanding of what the designation means. • Committee Report Zoning and Annexation Committee January 9, 1995 Page 2 Council Member Luecke stated that if the qualifications for a Historic Designation have been met that they should be properly considered. It was noted that the study with regard to landmarks of significance to African-American Cultures had taken place beginning in 1991. In response to his question it was noted that Helen Pope toured the City along with Chip Fredrick as a part of this study. Council Member Ladewski stated that he concurs with the remarks of Council Member Slavinskas but he must hear both sides before he can make a decision. Council Member Washington questioned the Historic Preservation plan which was adopted in 1980. Mr. Oxian stated that it was never truly adopted however a "Survey Book"had been recommended with regard to an overall plan. Council Member Washington then quoted the South Bend Municipal Code Sections (21-1), (61), (21-1), (64) which requires the Historic Preservation, the Area Plan Commission and the Common Council to approve the Historic Preservation Plan. He stated that if the plan is indeed not in effect that the requirement of the Ordinance could not be met. Council Member Slavinskas questioned that if there is a flaw that it would effect all Historic Designations before the Council this evening. Council Member Coleman stated that he believes that the spirit of the Ordinance should be followed and therefore the Council should move ahead. The Council Attorney in briefly reviewing the Municipal Code noted that the Sections referred to by Council Member Washington are the Definitional Sections of the Zoning Code. She further noted that the Article 6.5 addressing the Historical Preservation Commission sets forth various powers and duties in Sections 21-117.1 and 21-117.2 however since there was limited historical information in the code itself that it could not be determined whether the Historic Preservation Plan indeed was properly adopted. In response to a question raised by Council Member Slavinskas, the Council Attorney recommended that if a property owner was not in agreement that his or her property be designated as a historic structure, that the Council not proceed ahead. In light of the concerns raised by Council Member Washington all such Ordinances be continued to a subsequent meeting. Following further discussion Council Member Coleman made a motion, seconded by Council Member Puzzello that Bill No. 91-94 be continued until the meeting of February 13, 1995. The Committee then reviewed Bill No. 101-94 which would establish a Historic Landmark for the property located at 320 West Jefferson. Mr. Oxian noted that the current property owners had not been contacted with regard to this proposed designation. Council member Coleman then made a motion, seconded by Council Member Puzzello that Bill No. 101-94 be continued until the meeting of February 13, 1995. The next item to be reviewed was Bill No. 104-94 which would designate as a Historic Landmark the property located at 534 LaPorte Ave. It was noted that the property has reverted to the County since the property taxes were not paid. Committee Report Zoning and Annexation Committee January 9, 1995 Page 3 Council Member Coleman noted that the property could redeem the property upon payment of back taxes for a 2 year period. Council Member Coleman then made a motion, seconded by Council Member Puzzello that Bill No. 104-94 be continued until the meeting of February 13, 1995. Council Member Slavinskas stated that the site is an old filling station and he voiced concern with regard to environmental problems. The Committee then reviewed Bill No. 116-94 which would establish as an Historical Landmark the building located at 1601 Kemble Ave.Mr. Oxian stated that he had contacted the owner and he did not voice any objection and that he also contacted the Realtor who did not have any objection. He stated that this is a former neighborhood bank in a Hungarian neighborhood. It is directly across from the Oliver School and it may qualify for designation on the National Historical Resister. Following discussion Council Member Coleman made a motion, seconded by Council Member Luecke that Bill No. 116- 94 be recommended favorably to Council. The motion passed. The Committee then reviewed Resolution No. 94-124 which is a request for a special exception for the property located at 5117 South Ironwood. Mr. Robert Nagel updated the Committee with regard to the December 15, 1994 City BZA meeting.He stated that the petition is to allow a gun and outdoor show at the 4-H fairground. It was noted that there were remonstrators at the City BZA meeting and after proper consideration that the BZA sent the petition to the Common Council with a favorable vote of 5 to 0. Mr. Jim Boomhower the Executive Secretary of the St. Joseph County 4-H Fairgrounds noted that the board could not come to an agreement and understood that the final approval would be taken by the Common Council in such matters due to the classification. Mr. A. Howard Williams, the attorney for the gun and outdoor group then made a presentation. He highlighted a handout (copy attached) and noted that the primary emphasis on the shows would be collectibles. He stated that he sees no legal reason why the petition should be denied. He stated that all federal state sales tax and BATF regulations and laws would be complied with properly.He further noted that his group carries a 3 million dollar blanket insurance coverage package for all such events. In response to a question raised by the Council Attorney, when the Board took action after discussion with their attorney Mr. Ken edder that noted was their understanding that approval would be only for shows held at the 4-H Fairground for calender year 1995. Mr. Kowlazinski noted that 3 shows are anticipated to be held this year which he gave in response to a question raised by Council Member Luecke. Council Member Coleman stated that as a member of the Century Center Board that the show was denied approval to have their show at the Century Center in light of the "Significant Exposer" which the City would have in such instances. Mr. Williams noted that since the show would not be on City owned property and that all proper precautions and applicable laws have been represented that there would not be exposure of this type. • Committee Report Zoning and Annexation Committee January 9, 1995 Page 4 Following discussion, Council Member Luecke made a motion, seconded by Council Member Coleman that Resolution No. 94-124 be recommended favorably to Council.The motion passed. There being no further business to come before the Committee the meeting was adjourned at 6:05 P.M. Respectfully submitted, Council Member Lee Slavinskas,Chairperson Zoning and Annexation Committee Attachments