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Zoning and Annexation Committee
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The May 8, 1995 meeting of the Zoning and Annexation Committee was called to
order by its Vice Chairperson, Council Member Sean Coleman at 3:50 P.M.in the Council
informal meeting room.
Persons in attendance included Council Members Luecke, Washington, Kelly,
Puzzello, Coleman, Zakrzewski, and Ladewski; Doug Carpenter, Citizen Member, Gene
Oakley, John Byorni, Tony Zappia, William Hindsley, John Broden, Members of the
News Media,Don Porter, and Kathleen Cekanski-Farrand.
The first item on the agenda was to review Bill No. 16-95 which is a rezoning
request for the property located at 3822 Lincoinway West. Mr. Byorni showed a
preliminary site plan of the area and noted that it received a favorable recommendation from
the Area Plan Commission.
Mr. Tony Zappia the attorney representing Mr.Hindsley made the presentation.He
noted that there was no remonstrance at the Area Plan Commission and that the
Commission sends it the full Council with the unanimous favorable recommendation. The
petitioner currently has 27 employees. The current structure would be demolished. The area
in question would be buffered and a sidewalk will be put in at the petitioners cost of
$10,000.00 along Sheridan.
Council Member Luecke voiced concern with regard to the parking of trucks in the
rear.It was noted that between 5 to 8 Ryder Trucks would be parked however there was no
remonstrance from the neighborhood area.
Council Member Zakrzewski stated that originally there was a lot of remonstrance
several years ago. But because the petitioner has been a good neighbor he will support the
petition for rezoning as he did the last time. Council Member Kelly also spoke in favor of
the proposed rezoning.
Council Member Coleman stated that at the first rezoning he strongly opposed the
request because he did not believe that it was a proper land use decision. Mr. Byorni noted
that the Area Plan Staff recommended that the petition be denied unless it was contingent on
the south end of the property being left undeveloped.
Following further discussion, Council Member Puzzello made a motion, seconded
by Council Member Luecke, that Bill No. 16-95 be recommended favorably to Council.
The motion passed.
Council Member Luecke then noted that Bill No. 19-95 should be heard by the
Zoning and Annexation Committee as opposed to a Public Safety Committee. The Council
Attorney agreed since it does set forth specific zoning requirements in Chapter 21 of the
South Bend Municipal Code.
The Committee then heard Substitute Bill No. 19-95 under unfinished business.
Committee Report
Zoning and Annexation
May 8, 1995
Page 2
Council Member Roland Kelly, the sponsor of the Bill, made the presentation. He
stated that the proposed gun shop directly across from Lincoln School was the driving
force behind the Bill.He stated that he was alarmed to hear that state law only permits local
legislative bodies to prohibit such gun shops within 200 feet of a school. He prefers that a
1,000 foot restriction be implemented but understands of the City's inability to do that.He
noted that the gun shop is currently closed thanks to the assistance of the City
Administration and State Police.
The Council Attorney noted that the proposed Bill includes child care centers in
addition to schools. The philosophy behind this was to set forth reasonable regulations in
other areas that should be protected from such matters through proper zoning. She also
noted that the date of April 1,1994 corresponds with the date set forth in the state statue.
Council Member Zakrzewski stated that he would prefer to include child care homes
in addition to child care centers in the Bill. Council Member Luecke stated that he would
prefer that all sales of guns and ammunition be the focal point as opposed to just those that
are the primary business use. Mr. Oaklay also voiced concern with regard to the Ordinance.
Council Member Coleman suggested that in light of the fact that it was uncertain
whether the proposed changes being requested today would be a major or a minor change
and with the hope that reasonable legislation be set forth this afternoon if at all possible.He
recommended that the Council Attorney work with the City Administration and specifically
with Mr. Broden, who was present, in light of the concerns raised by Council Member
Zakrzewski and Council Member Luecke.
Following further discussion, Council Member Puzzello made a motion, seconded
by Council Member Luecke, that Substitute Bill No. 19-95 be recommended favorably to
Council. The motion passed.
There being no further business to come before the Committee the meeting was
adjourned at 4:45 P.M.
Respectfully submitted,
Council Member Sean Coleman
Vice Chairperson,Zoning and Annexation Committee
Attachments