HomeMy WebLinkAbout04-10-95 Zoning & Annexation tommitttt Z port:
Zoning and Annexation Committee
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The April 10, 1995 meeting of the Zoning and Annexation Committee was called to
order by its Chairperson, Council Member Lee Slavinskas at 4:35 P.M. in the Council
informal meeting room.
Persons in attendance included Council Members: Puzzello, Kelly, Slavinskas,
Zakrzewski, Washington, Coleman, Luecke, Duda, and Ladewski; John Byorni, Bob
Richardson, Tony Zappia, Mitch Heppenheimer, Ann Kolata, Dr. and Mrs. Paul Sergio,
Don Porter, and Kathleen Cekanski-Farrand.
Council Member Slavinskas noted that the first item on the agenda was to review
Bill No. 3-95 which is a rezoning request for the property located at 1918 Edison Road.
Mr. Byorni noted that it received a favorable recommendation from both the Staff and the
Area Plan Commission. Mr. Tony Zappia the attorney for Dr. and Mrs. Paul Sergio then
made the presentation. He noted that the property would remain B residential A heighten
area but would have a expansion of 571 square feet. He noted that he has received signed
letters from adjoining property owners who are in favor of the proposed rezoning request.
Council Member Puzzello stated that Dr. Sergio has maintained his property very
well and gets along very well with the neighbors and is in support of the proposed
rezoning.
Following discussion, Council Member Puzzello made a motion, seconded by
Council Member Coleman that Bill No. 3-95 be recommended favorably to Council. The
motion passed.
The Committee then reviewed Bill No. 5-95 which is a rezoning request for the
property located at 2130 Mishawaka Ave. Mr. Byorni noted that it received a favorable
recommendation from both the Staff and the Commission.
Mr. Bob Richardson noted that he represents the petitioner Marathon Oil Co. He
noted that the rezoning is to allow the conversion of 2 bays to a car-wash and a convenient
store instead of repairing vehicles. Following discussion, Council Member Colemen made
a motion, seconded by Council Member Puzzello that Bill No. 5-95 be recommended
favorably to Council.The motion passed.
The Committee the reviewed Substitute Bill No. 6-95 which is a rezoning request
for property located on Mayflower Road. Mr. Byorni noted that the Staff sends this with an
unfavorable recommendation and it comes without recommendation from the Commission.
Mr. Mitch Heppenheimer the attorney for the petitioner noted that the vote at the
Area Plan Commission was 8 to 5 with 9 being required for a majority under Commission
rules. He further noted that in light of opposition of the neighbors that he would like the
opportunity to meet with them before having a formal public hearing on the proposed bill.
He requested that the Bill be continued to the Council Meeting of May 22, 1995.
Committee Report
Zoning and Annexation
April 10, 1995
Page 2
Council Member Washington stated that the proposed rezoning is within his district
and that he has been in contact with several residents and Mr.Heppenheimer.
The Committee then reviewed Substitute Bill No. 7-95 which is to rezone various
property involving Fellows, Wenger, Russ and Pennsylvania. Mr. Byorni noted that the
proposed rezoning receives favorable recommendations from both the Staff and the
Commission.
Mr. Steve Luecke of South Bend Heritage made the presentation he stated that the
rezoning would allow the building of 27 duplexes. He then showed pictures of work in
progress of the area in question.He noted that it falls within the neighborhood development
plan and that he is working closely with Ann Kolata on this project. Leases should begin
for the property in July of this year. He stated that the development is similar to the one in
West Washington for low income families.
Following discussion and favorable comments by Ann Kolata on the project,
Council Member Coleman made a motion, seconded by Doug Carpenter, Citizen Member
that Substitute Bill No. 7-95 be recommended to Council. The motion passed.
Doug Carpenter then requested that reduced copies of site plans be provided to
Committee Members. Mr. Byorni noted that his department does not have any equipment to
do that and that the City Engineer charges $3.00 per page for such reductions. Ann Kolata
voiced concern with regard to putting additional burdens on departments. Council Member
Luecke noted that perhaps that this could be a request of the petitioner. Council Member
Slavinskas stated that the Council should look into the request further.
John Byorni noted that in light of Bill No. 21-95 which addresses new procedures
for rezoning requests that perhaps it could be considered as part of that Bill.
Under miscellaneous business Council Member Luecke requested the Council
Attorney to look into whether casino's are covered by the recent zoning ordinance passed
addressing off-track betting.He also questioned whether Indian Reservation property could
be regulated by zoning laws. The Council Attorney noted that the City Council would have
the authority to regulate Indian Reservations on zoning matters.
Following further discussion, the meeting was adjourned at 5:05 P. M.
Respectfully submitted,
Council Member Lee Slavinskas, Chairperson
Zoning and Annexation Committee
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