Loading...
HomeMy WebLinkAbout01-13-97 Zoning & Annexation Commtttts "41)0V t: Zoning and Annexation Committee �0 tbt Common toltiutY of t s CO of iboutb 1140: The January 13, 1997 meeting of the Zoning and Annexation Committee was called to order by its chairperson, Common Councilmember John Hosinski at 3:45 p.m. in the Council informal meeting room. Persons in attendance included: Councilmembers Kelly, Aranowski, Pfeifer, Varner, Ujdak, Coleman, Hosinski, Sniadecki; Jeff Rinard, Don Porter, John Byorni, Gayle Gartee, Wally Gartee, Robert Taylor, Thomas Walz, Michael Hardy, the Szlanfucht family, Greg Kil, John Stancoti, Mr. & Mrs. Thomas Smith, and Kathleen Cekanski- Farrand. The first item on the agenda was to review Substitute Bill No. 94-96 which would rezone the property located at 2025 Edison Road. Mr.John Byorni noted that both the staff and the Area Plan Commission recommends that this Bill(substitute version)be recommended favorably to Council. Mr. Byorni also noted that the property does not have City water service and that it has a well. Mr. Michael Hardy, an attorney with Barnes & Thornburg, made the presentation. He noted that the rezoning request is to"0"office and would act as a buffer between the"C" commercial district and the "A" residential district. The rezoning would allow an architectural office in what is now a single family residence structure. Mr. Smith, the contingent purchaser, spoke in favor of the proposed rezoning. Councilmember Pfeifer questioned the letter dated December 17, 1996, from Elizabeth James (copy attached)who raised questions about traffic concerns,noise concerns and tree and vegetation concerns. Mr. Byorni noted that each of these areas were discussed and Councilmember Hosinski noted that he had also discussed these concerns with the property owners. Councilmember Pfeifer suggested that a formalized process be considered to make sure that such concerns are properly handled prior to the Common Council taking action. Councilmember Coleman pointed out the area in question on the citywide zoning map and gave background information to the"0"office designation. Councilmember Hosinski stated that he was the Council representative to the Area Plan Commission and thought it was an appropriate transitional use. Following discussion, Councilmember Hosinski made a motion, seconded by Councilmember Varner, that Substitute Bill No. 94-96 be recommended favorably to Council. The Motion passed. The Committee then reviewed Bill No.95-96 which would rezone the property located at 1335 East Ireland Road. Mr.Byorni noted that the Area Plan Commission sends it to the Common Council with a favorable recommendation,however,the Area Plan Staff sends it with an unfavorable recommendation and believes it would the beginning of a negative and deteriorating effect of the residential character of the neighborhood. The Staff further Zoning and Annexation Committee January 13, 1997 Page 2 noted that the property in question is the entrance to a residential area and deserves protection. Mr. Thomas Walz, the attorney for the petitioners, made the presentation. He then introduced the Szlanfucht family, six members of whom were present, who own and operate Fox Real Estate who do business as J. R. Fox Manufacturing Jewelers, Inc. Mr. Walz noted that the Board of Zoning Appeals have granted the variance with regard to the set back and also to reduce the zoning requirements for parking from fourteen spaces to twelve spaces. He noted that his client would make an improvement to the area approximately$250,000.00 and that until today no comments had been received from the neighborhood. Mr.Walz also provided pictures of the area in question. (copies attached) Mr. Greg Kil, the architect, spoke in favor of the proposed rezoning and reviewed the site plan. Mr. Doug Szlanfucht spoke in favor of the proposed rezoning along with his sister Peggy , both of whom live in the south side of the City of South Bend. During the public portion, Gayle Gartee spoke in opposition to the proposed rezoning. She stated that she has a petition signed by eighty-one individuals (copy attached)from the Broadmoor Area. She noted that the hearings before the BZA and the Area Plan Commission both took place during the holiday season with many of the residents not having the opportunity to attend in light of family obligations. She also noted that the property in question has been a buffer for over forty years. Mr. Robert Taylor also spoke in opposition to the proposed rezoning. He noted that he was a South Bend Common Council member for this district from 1972 to 1988. He noted that while he was on the City Council there was never a change in zoning in the Broadmoor area or the Scottsdale home area to change a residential use to a commercial use. The integrity of both of these neighborhoods must be maintained. He saw this proposed rezoning as a wake up call to the neighborhood. He stated that although he has done business with the Szlanfucht family for many years and finds them to be fine business individuals, that this is a zoning issue and it is not appropriate for this location. He then summarized reasons from the Area Plan Staff which were part of the minutes regarding the proposed rezoning. Reasons against the rezoning include the following: that it would be an intrusion into a residential area; that the lot was too small without variance; that a expansion of"C"commercial would be an intrusion and would deteriorate the residential character of the neighborhood; that"F'height and area is the least restrictive cost vacation; that there are other suitable commercial sites along Ireland Road; that would have a substantial negative impact; that residential zoning is the most appropriate zoning for the area; that preserving the residential character includes preserving the entrance to this sub- division. He also indicated that the residential zoning classification is the highest and best use for the area in question,and that the depth of the lot does not lend itself to a commercial rezoning. He also indicated that the house in question was not on the market for a very long period of time. He summarized that the professional staff of the Area Plan Commission recommended against the proposed rezoning and that only the"lay people"of the Area Plan Commission who are not subject to the electorate made a favorable recommendation. t Zoning and Annexation Committee January 13, 1997 Page 3 Mrs. Gartee also noted that the property in question has always been occupied and has not stood vacant.Mr. Gartee stated that this is a stable neighborhood which includes Marshall Elementary School which is a diverse neighborhood of average income individuals. Mr. Stancoti also spoke against the proposed rezoning. In rebuttal, Mr. Walz noted that if the rezoning is turned down that it is correct that the petitioners bought the property outright. He also questioned the legal integrity of the petition noting that there was no control over how the signatures were gathered,however it is proper. Councilmember Hosinski noted that there no opponets to the proposed rezoning at the Area Plan Commission which is one consideration. He noted that he has lived in the Broadmoor area up until the summer of 1996 and has concerns and reservations about the proposed rezoning in light of further information and the number of calls which he has received. The Council Attorney questioned Mr. Walz as to how many mailing notices were sent since the petition lists twenty-four signatures within a three hundred foot area. Mr. Walz believes that many of these were duplicate mailings for husbands and wives with approximately thirty being sent in total. The Council Attorney also questioned why the"F' height and area classification was requested. Mr. Kil, the architect, noted that it was the least restrictive with regard to parking considerations. Dr. Varner noted that the highest and best use for an individual property is often based on a time line. He believes that the restaurant was and remains the proper cutoff and with the City's focus on neighborhoods,that the property in question should remain residential. Councilmember Coleman noted that he does know the family in question. They have been fine business individuals. However, tonight's decision is a land use decision which will impact other areas of Ireland Road. Following discussion,Councilmember Varner made a motion seconded by Councilmember Pfeifer that Bill No. 95-96 be recommended unfavorably to Council. The motion passed. Following the vote, Mr. Walz requested that Bill No. 95-96 be tabled indefinitely at this evening's Common Council meeting. There being no further business to come before the committee the meeting was adjourned at 5:00 p.m. Respectfully submitted, Council Member John Hosinski Chairperson,Zoning and Annexation Attachments