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HomeMy WebLinkAbout02-13-94 Zoning & Annexation a r r COMM e� Ztport: Zoning and Annexation Committee 1r0 t e tommott touttuUY of tbt Qttl of i6outhj Otttti: The February 13, 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, Coleman, Zakrzewski, Duda, and Ladewski; David DuVall, Bob Richardson, Joe Amaral, Ken Fedder, Gene Oaklay, John Byorni, Pastor Robert H. Derrickson,Precious Jeltz, Paul Cholis, John Johnson, Mr. Veldman,Any Nebbon, Don Porter, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that he had been advised by the Council Attorney immediately prior to this meeting that she has had conferences via telephone with the City Attorney's office regarding the designation of historic landmarks.He noted that the Council Attorney and Jenny Pitts Manier have concluded that all proposed designations should be continued until the legal issue with regard to the preservation plan has been resolved. He noted that Aladean DeRose provided a legal opinion dated February 9, 1995 and then distributed the memorandum to the City Council. The issue in contention refers to page 3 of that letter in the last paragraph where Ms. DeRose believes that since the Common Council and Area Plan Commission did not object or take issue with the plan that in her legal opinion she believes it has been approved and adopted. That is the issue in contention at the presentation time. Council Member Slavinskas further noted that the following Bills, namely Bill No. 91-94, Bill No. 101-94, and Bill No. 104-94 would be heard today if members of the public are present to discuss them, however with the sole purpose of hearing then woul;d be to receive additional information in light of the recommendation from the Council Attorney and the Legal Department. Council Member Slavinskas further noted concern with regard to the lack of notice to owners of the proposed historic landmark designation. He noted that although the local procedures do not require such notice,that he believes in fairness that it should be required. Council Member Washington noted that he totally disagrees with Ms. DeRose opinion and that the plan is not in effect since it was never adopted by the Area Plan Commission nor the Common Council. Pastor Robert H.Derrickson, the Pastor of Zion Hill, located at 310 Monroe Street voiced opposition against the proposed landmark designation. He stated that he believes that there is no legal grounds for the designation and that it would be taking against the will of the property owners. He stated that he believes that there is a separation of church and state issue involved and that he wishes to remain autonomous. He does not want the "burden of this yolk" around his parishioners. He also referred to his letter of September 18, 1994 formally advising the Common Council of his opposition. Committee Report Zoning and Annexation February 13, 1995 Page 2 Mr. Ken Fedder, an attorney, spoke in opposition to Bill No. 101-94 which would designate the building located at 320 West Jefferson as a historic landmark. He noted that he represents the current owners of the building and that his clients and himself are unaware of this formal process. He noted that although that the building had once been used by the Knights of Columbus and the Indiana Club that there is no means today to know that those were ever in existence in light of extensive renovation. He further stated that he has been in negotiations to sell the building and intends to make substantial internal renovations in addition to the external renovations. He stated that contractors are working there now. Mr. Joseph Amaral who represents the buyers and Mr. Tom Herman who was also present also spoke in opposition to the landmark designation.Mr.Amaral stated that it would jeopardize the entire transaction. He state that all new windows are anticipated to be placed. Mr. David DuVall stated that he had been in contact with both the seller and the buyer and that windows would require a certificate of apparentness if the building was designated a historic landmark. Following discussion, Council Member Puzzello made a motion, seconded by Council Member Slavinskas, that Bill NO. 101-94 be recommended to be struck from the agenda at this evening's meeting. In response to a question raised by Council Member Coleman, the Council Attorney noted from the minutes of January 9, 1995 that there was no formal presentation made on the landmark designation in light of the fact that Mr. DuVall noted that there was no discussion or notice to the property owner at that time. Council Member Slavinskas voiced concern with regard to a business action being affected in the private sector. The motion failed with Council Member Luecke abstaining. Gene Oakley voiced concern with regard to Bill No. 104-94 and stated that there would be substantial costs involved in removing the gas tanks at that location. Following discussion, Council Member Puzzello made a motion, seconded by Council Member Slavinskas that Bill Nos. 91-94 and 101-94 be continued indefinitely. The motion passed. Council Member Coleman who had originally voted in favor of the prior motion effecting Bill No. 101-94 changed his vote to an abstention. The Committee then reviewed Bill No. 105-94 (substitute version). John Byorni noted that it received a favorable recommendation from the Staff and from the Commission. Mr. Paul Cholis, the attorney for Precious Jeltz, made the presentation. It was noted that approximately $10,000.00 of renovations costs would be made so that Mrs. Jeltz and her two sons could live at the location. In response to a question raised by Council Member Ladewski it was noted that March 2, is the new coat hearing date on the property where they are requesting an update on the zoning change so that a building permit could be issued for the renovations. Gene Oakley stated that the building is the only one within the whole city block.He also questioned the status of the land contract. Mr. Cholis provided a copy of the purchase agreement which clearly showed that Precious Jeltz is the property owner pursuant to the purchase agreement. Mr. Byorni further stated that she is the equitable owner pursuant to that contract. Committee Report Zoning and Annexation February 13, 1995 Page 3 Following discussion, Council Member Puzzello made a motion , seconded by Council Member Coleman that substitute Bill No. 105-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 114-94 which is a rezoning for the property located at 515 Carroll Street. Mr.John Johnson stated that he would like to use the building for a residence. Following discussion and the notation by Mr. Byorni that it received a favorable recommendation from both the Commission and the Staff, Council Member Puzzello made a motion, seconded by Council Member Coleman that Bill No. 114-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 128-94 which is a rezoning request for the property located at 5510 West Sample. Mr. Byorni noted that it received a favorable recommendation from the Staff and a unfavorable recommendation from the Commission. Mr.Bob Richardson made the presentation. He provided a site plan and numerous pictures of the location. Mr. Veldman also provided historical background information from 1979 to the present of the area in question. Council Member Zakrzewski stated his concerns and oppositions to the proposed rezoning.He stated that the Common Council he believes was in error in 1987 and that Delight Industrial is inappropriate in this area. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Luecke that Bill No. 128-94 be recommended favorably to Council. The motion failed by a 2 to 1, with 1 abstention made by Council Member Puzzello. Council Member Coleman then made a motion,seconded by Council Member Puzzello that Bill No. 128-94 be sent to full Council without recommendation. The motion passed. Council Member Slavinskas noted that Doug Carpenter would like to serve as a Citizen Member on the Committee. He noted that he had served for several years in the past. Council Member Slavinskas also recommended that copy's of Bills be sent to Citizen Members by the City Clerk prior to the Committee hearings. Mr. John Byorni then introduced Mr. Andy Nebbon, from New York, who is a new planner for the Area Plan Staff. He also noted that the staff is currently working on an amendment to streamline the final site plan procedures. There being no further business to come before the Committee, the meeting was adjourned at 5:55 P.M. Respectfully submitted, Council Member Lee Slavinskas,Chairperson Zoning and Annexation Committee Attachments