HomeMy WebLinkAbout09-25-95 Zoning & Annexation €ommittu Zeport:
Zoning and Annexation Committee
to the tommott Couttuil of OS City of 16outb
The September 25, 1995 meeting of the Zoning and Annexation Committee was
called to order by its Council Member Ann Puzzello in light of the absence of the
Chairperson and Vice Chairperson at 3:55 P.M.in the Council informal meeting room.
Persons in attendance included Council Members: Luecke, Kelly, Washington,
Zakrzewski,Puzzello, and Ladewski; John Byorni, John Peddycord, Citizen Member Bill
Eagan, Don Porter, Mark Lenyo, Citizen Member Doug Carpenter, and Kathleen
Cekanski-Farrand.
Council Member Puzzello noted that the first item on the agenda was to review Bill
No. 44-95 which is a zoning request for the properties located at 2401, 2405, 2409-2411,
2413-2415, 2419 and 2421 Lincoln Way West; 1054 Fremont Street and 1047-1049 and
1053 North Olive Street. Mr. John Byorni reviewed the site plan (copy attached)and noted
that it received a favorable recommendation from the Area Plan Commission.
Mr. John Peddycord the attorney for the petitioner made the presentation. He noted that
Hook's was bought out by Revco and that the project is bigger than originally proposed.
The project is subject to a BZA parking variance request to reduce the parking from 57 to
45 spaces. He also noted that there would be 1 to 2 service trucks per week.
Following discussion Council Member Luecke made a motion, seconded by Citizen
Member Doug Carpenter that Bill No. 44-95 be recommended favorably to Council. The
motion passed.
The Committee then reviewed Bill No. 49-95 which is a zoning ordinance to amend
Section 21-18 of the South Bend Municipal Code . Mr John Byorni noted that this is a
Common Council initiated ordinance and received a favorable recommendation from the
Area Plan Commission. He also noted that the substitute Bill before the Committee is
different form the one heard however it is a technical correction referring to paragraph f
instead of e. The Council Attorney noted that both she and John Broden had discussed this
and recommend the substitute Bill to the Common Council.
Council Member Ann Puzzello, the author of the Bill made the presentation. She
noted that the Bill would prohibit within 500 feet of a residential use the establishment of an
adult business. It provides protections for uses in areas which are non-residential in use
description pursuant to the zoning code however actually being used as a residential
property and are legally grandfathered. She noted that herself, John Broden, and Chief
Marciniak will provide further information at tonights Common Council meeting. Council
Member Puzzello noted that she had received a letter from Council Member Slavinskas in
favor of the Bill and would read the letter into the records at this evenings meeting.
Mr. John Peddycord an attorney for Eslinger Home Furnishings and business
owners on South Main and South Michigan spoke in favor of the proposed Bill. He further
noted that he is challenging Mr. Fozo's determination which will be heard by the BZA at
the October 19th meeting.
Council Member Luecke questioned the 500 foot restriction and was advised that
this is consistent with prior cases where the initial 500 foot restriction was affirmed.
Following discussion, Council Member Luecke made a motion, seconded by Citizen
Member Doug Carpenter that substitute Bill No. 49-95 be recommended favorably to
Council.The motion passed.
There being no further business to come before the Committee the meeting
was adjourned at 4:20 P.M.
Respectfully submitted,
Council Member Ann Puzzelo,4th District
Zoning and Annexation Committee
Attachments
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