HomeMy WebLinkAbout01-28-13 Zoning & Annexation ZONING &ANNEXATION JANUARY 28, 2013
3:36 P.M.
Committee Members Present: Dr. Fred Ferlic, Oliver Davis, Henry Davis, Gavin Ferlic
Other Council Present: Tim Scott, Valerie Schey, Dr. David Varner, Karen White, Derek Dieter
Others Present:Kathryn Roos, Erin Blasko, Mike Schmuhl, Mark Lyons, David Martin, Noel Ullery, David
Guthrie, Bill Morley, Dale Swafford, Ingrid Mathias, Ann Mannix, Scott Ford, Ahdrew Elegante, Mike
Danch
Agenda: Bill No. 13-07—Special Exception 127 W.Washington
Bill No. 13-08—Special Exception 1107 Mishawaka Avenue
Bill No. 13-09—Special Exception 819 Oak Street
Bill No. 13-10—Special Exception 212-216 S. Michigan Street
Bill No. 13-11 —Special Exception 323-327 St. Louis Street
Dr. Fred Ferlic, Chairperson of the Zoning &Annexation Committee opened the hearing with all members
present to consider five items on the agenda.
The first item was Bill NO. 13-07, a special exception request for a tattoo/body art business in the
downtown at 127 W.Washington. Mark Lyons, Assistant Building Administrator, reported the Board of
Zoning Appeals(BZA)forwarded to the Council a unanimous favorable recommendation. He said six
people spoke in favor of the petition and two spoke against at the BZA hearing.
David Martin, the owner, artist, petitioner made a brief presentation. He cited his experience as an artist
and successful business owner. Mr. Martin went on to explain he was licensed by the County, never
having had a complaint or citation at his present location. He also said he addressed the signage and
hours of operation concerns voiced by Aaron Perri from DTSB. Four spoke in support of Mr. Martin's
petition focusing on his good name and professionalism. Ingrid Mathias spoke in opposition on behalf of
1St Source Bank suggestion their concern that a"tattoo parlor" might not be compatible with other
downtown commerce.
After brief Council discussion Gavin Ferlic motioned a favorable recommendation. Oliver Davis followed
with a second which all affirmed.
Bill No. 13-08, a request for a tattoo parlor at 1107 Mishawaka Avenue was next Mark Lyons reported the
BZA hearing resulted in a unanimous unfavorable recommendation. The petitioner was not present and
was heard to want to remove his request. Council Attorney Kathy Cekanski-Farrand said time
requirements imposed by state law on the Council to take action within 60 days of the filing meant the
Council needed to take action at the evening meeting. Failure to take action would grant approval to the
petition, automatically. She added that a request to withdraw the petition needed to be in writing and
received prior to the 7:00 p.m. meeting. Based upon that Oliver Davis motioned for no recommendation.
Gavin Ferlic seconded and all agreed.
Bill No. 13-09 was a request by Ann Mannix, working in a public/private partnership with South Bend
Heritage, seeking a special exception for 819 Oak Street. This vacant and abandoned house scheduled
for demolition was acquired by Mrs. Mannix who partnered with SBH to access funds for demolition and
construction of a single-family home on the 37'wide lot. The lot presently zoned multi-family needed to
be changed to single-family.
Henry Davis expressed concern that the Council needed to be mindful of assuring public/private
partnerships formed like this to access public dollars were providing the public benefits intended when
using public dollars. Ultimately Oliver Davis and Gavin Ferlic motioned and seconded approval. All
affirmed.
Bill No. 13-10 a request for a special exception to allow a brew pub at 212-216 South Michigan was next
up.
Mark Lyons reported a unanimous favorable recommendation from the BZA.
The petitioner Andrew Elegante explained that because alcohol was being produced not just sold, the
exception was needed. He sees the development as further evidence of growing interest in downtown
development.
After a brief Q&A Gavin Ferlic motioned favorably. Oliver Davis seconded and all approved.
The last item up for review, Bill No. 13-11 was another request for a special exception, this time to allow a
storage trailer for up to 2 years at 323-327 St. Louis Street.
Mark Lyons reported a favorable recommendation from the BZA.
Mike Danch representing the Ft. Wayne/South Bend Catholic diocese explained the need to allow parking
and trailer storage at the site which had been recently purchased by the new St. Joseph High School.
Gavin Ferlic made a motion to recommend favorably. Oliver Davis seconded. All supported.
Under miscellaneous Henry Davis cautioned that consistency and fairness be applied to consideration of
these type of requests.
There being no further business to come before the joint committees, Chairperson, Dr. Fred Ferlic, Zoning
&Annexation Committee, adjourned the meeting at 4:28 p.m.
Respectfully Submitted,
Dr. Fred Ferlic, Chairperson
Zoning &Annexation Committee