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HomeMy WebLinkAbout02-09-98 Zoning & Annexation toaattttt ',sport: The Zoning and Annexation Committee to Ujt common totttutl of Os tits of foutb Otter: The February 9, 1998 meeting of the Zoning and Annexation Committee was called to by its Chairperson,Council Member John Hosinski order at 4:00 p.m.in the Council informal meeting room. Persons in attendance included Council Members: Hosinski,Aranowski,Broden,Heifer, Varner, Ujdak, Kelly, and Coleman; Citizen member Doug Carpender, Greg Kil, Bill Owen,Ed Levy, Steven J.Moerlein, David DuVall,Don Fozo,James Voll,Terry Bland, John Oxian,Jon Hunt, Carl Littrell, and Kathleen Cekanski-Farrand. Council Member Hosinski noted that the first item on the agenda was to review Bill No. 122-97 which is a rezoning request for the property located at 1001 and 1005 Hickory. Mr. James Voll noted that this is an Area Plan initiated petition which would rezone the subject property from "B" Residential "B"Height and Area to"PHC" Professional/Health Care. He further noted that the Area Plan Commission had public hearing on the measure on January 20, 1998 and sends to the Common Council with a favorable recommendation. The APC staff also sends the measure to the Council with a favorable recommendation. Following discussion, Council Member Varner made a motion, seconded by citizen member Doug Carpender, that Bill No. 122-97 be recommended favorably to Council. The motion passed. Council Member Hosinski noted that the next item on the agenda was to review Bill No. 127-97 which is a rezoning request for the property located at 2503 Mishawaka Avenue. Mr. James Voll noted that this is a request to rezone the property from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area, to allow a private club, meeting hall and banquet facility. Mr. Bill Owen of American Legion Post #303 spoke in favor of the proposed rezoning. Council Member Hosinski noted that he had spoken with a resident of the affected area and that they were in favor of the rezoning request. Council Member Kelly, the District Council Member for the area, noted that he had not heard any remonstrance against the rezoning request. Following discussion, Council Member Broden made a motion, seconded by Council Member Varner that Bill No. 127-97 be recommended favorable to Council. The motion passed. Council Member Hosinski noted that the next item to be reviewed by the Committee was Bill No. 121-97 which would amend Article 6.5 of Chapter 21 of the South Bend Municipal Code by extending the length of time the Historic Preservation Commission has for action on applications for certificates of appropriateness. Mr.James Voll noted that the Bill comes to the Council with a favorable recommendation from both the Staff and the Commission. Zoning and Annexation Committee February 9, 1998 Page 2 Mr. John Oxian made the presentation. He noted that the 45 day period was insufficient for proper review and that they were recommending a 60 day period instead. Following discussion, citizen member Doug Carpender made a motion, seconded by Council Member Broden,that Bill No. 121-97 be recommended favorable to Council. The motion passed. The next item on the agenda was Bill No. 1-98 which is a request to establish the property located at 214 West Jefferson Boulevard as an historic landmark. Mr.John Oxian noted that the proposed Bill received a favorable recommendation from the Historic Preservation Commission. He noted that HPC was unaware of any other action n involving th e subject property Y lncludin g t h e proposed bo n d issue. He stated that other cities incorporate older buildings with new developments. The building in question was originally ranked "12" but is currently ranked "11", with the C.E. Lee Building being ranked "10". Mr. Greg Kil, a local architect, spoke in favor of the proposed historic landmark designation. He noted that in 1916 it was used as an office building and a hotel. He further noted that he had met with representative from the Fire Department,the Engineering Department and the Building Department. He further noted that he had met with the Legal Department regarding an easement. The easement was drafted with action to be taken by the Board of Public Works in the summer of 1997. Action on the easement agreement was tabled by the Board at the request of the Redevelopment Commission. Mr. Kil noted that he is pursuing state and federal tax credits for the building. He added that this is one of two buildings of this type left in the downtown. It has been found structurally sound by a licensed structural engineer. He showed the Committee an article from a 1996 Architectural Digest, which depicted existing buildings next to new construction. He noted that if the building is designated as an historic landmark that 130 feet of frontage would remain for new construction. He concluded by stating that the building in question would anchor the integrity of this type of architecture in the downtown. A handout was then provided (copy attached). Mr. Steven J.Moerlein,a local attorney, noted that the property in question has a narrow footprint. He intends to use the building for his own use, with approximately 1/3 to 1/2 to be used by other tenant. He noted that he has lost two (2) tenants to date who wished to the 1st floor. He noted that he came to South Bend in 1989, and the property was purchased when it came onto the market. He noted that he has been prohibited from getting building permits due to the intervention of Ann Kolata. Ann Kolata spoke in opposition of the proposed historic landmark designation. She noted that a purchase proposal for the property was sent in late 1997, and that a court action is now pending on the matter. She further noted that in 1996 Mr. Moerlein requested tax abatement for the property but since it was in a TIF area, it could not go forward since the Redevelopment Commission was opposed to the abatement. She noted that the concern focuses on the fact the present building is not the most productive use in the downtown. The east side of the building is right on the lot line, and,the Commission believes that the best position is to purchase the building and take it down. She concluded by stating that for the four(4)uses in this block,a total of$ 16,000 is paid in annual property tax. N'em�er_of-the • • __ - Zooms sad Aooacation Committee Faxlo ry 9, 1998 Page 3 In response to a question from Council Member Hosinski, Mr. Moerlein noted that the subject property is on the acquisition list. He filed his remonstrance with the St. Joseph Superior Court. Mr. Kil noted that with set back requirements, windows were possible, and that a 20'pull back of the top floors could be possible to permit windows. Don Fozo, Building Commissioner noted that there are provisions for both 20' and 10' setbacks to permit windows. David DuVall, speaking as a private citizen, spoke in favor of the proposed historic landmark designation. He voiced concern over using downtown property for not-for-profit uses. Mr.Jon Hunt stated that the not-for-profit use will have structured payments similar to real property taxes. Mr.Moerlein noted that he did not get a "clear message in 1996 from the Redevelopment Commission since their only comment was that they did not believe it was the best use for the property. He stressed that the building is structurally sound,and he believes it deserves the historic landmark designation. Council Member Ujdak asked several questions to Ann Kolata. She answered that $ 30,000 to $ 30,500 was offered for the property. She also noted that the business assistance staff report for the building when the tax abatement request was made was in favor of the proposed abatement. Council Member Ujdak inquired of Mr. Fozo regarding a second means of egress. Mr. Fozo noted that the fire escape could be used to satisfy that requirement with a proper easement from he Board of Public Works. A precedent was established with the State Theatre. He noted that there are two (2) separate easements needed namely one from the City and one from the adjacent property owner. A residential use on the top floor would not require the pull backs previously discussed. Council Member Aranowski questioned whether Mr. Moerlein was the legal property owner of the subject property. Mr.Moerlein noted that his fiancee is the owner of record however she has signed a deed on the property which has not been recorded as of this date. Council Member Hosinski noted that he agrees with many of the remarks made by Mr. Kil. He noted concern with regard to the Council taking action while there is pending litigation. He suggested that in his opinion,the best action would be to continue this Bill pending the outcome of the litigation. Following discussion, Council Member Hosinski made a motion, seconded by Council Member Broden,that Bill No. 1-98 be continued pending the litigation on this matter. The motion passed. It was noted that the Committee action was not binding on the Council. The petitioner could request a continuance prior to the Common Council meeting. Member of the - Zravew-'Lion Committee POrnegy 9, 1998 paw There being no further business to come before the Committee,the meeting was adjourned at 4:50 p.m. Respectfully submitted, Council Member,John Hosinski Chairperson,Zoning and Annexation Committee Attachments it 4 • ar- a f Member of the .�T. .. .