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HomeMy WebLinkAbout07-27-09 PARC Committee (Parks, Recreation, Cultural Arts & Entertainment) (2).~-~~~' ~_ ,r `~~r ` `' ~~-- " ZONING & ANNEXATION COMMITTEE JULY 27, 2009 The July 27, 2009 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson Council Member AI "Buddy" Kirsits at 4:37 p.m., in the Informal Meeting Room, 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana Committee Members Present: AI "Buddy" Kirsits, Chairperson; Tom LaFountain; David Varner; Oliver Davis Other Council Present: Derek Dieter; Henry Davis; Ann Puzzello; Karen White; AI "Buddy" Kirsits; Tim Rouse Others Present: Kathy Cekanski-Farrand; Arthur Carruthers; Mayor Steve Luecke; John Thurin; Mary Roy; Maureen Bolton; Marilyn Watson; Dwuan Watson; Charlotte Pfeifer; Mark Lyons; Jeff Parrott; Larry Scholl; Wendy Walker Agenda: Bill No. 09-52 -Special Exception - 527'/z Riverside Drive Bill No. 09-53 -Special Exception - 220 S. Taylor Bill No. 09-54 -Special Exception 3423 S. Michigan Bill No. 09-52 -Special Exception - 527'/ Riverside Drive Chairperson Kirsits recognized Mark Lyons, representing the Building Department, to make a report. Mark reported that both the Board of Zoning Appeals and the staff recommended this bill favorably. Kirsits then allowed the petitioner, Larry Scholl to explain the request. After having briefly done so and without any public comment for or against Council President Dieter asked that the bill go to Council favorably. Councilmember Varner so moved. Councilmember Oliver Davis seconded and all approved. Bill No. 09-53 -Special Exception - 220 S. Tavlor Having been recognized by Chairperson Kirsits, Mark Lyons of the Building Department reported the BZA's favorable recommendation. Arthur Carruthers, the petitioner, was then allowed to explain the request to allow a group home in a MU mixed district. This special exception would allow Carruther's to open a residence for recovering drug and alcohol abusers. He said residents will be screened and monitored by a 24/7 staff. He felt this would not adversely affect the neighborhood either in subjective or objective i.e.) property values terms. He emphasized the spiritual nature of the endeavor that would fill an obvious need in the community. The Council followed with many questions regarding safety, professionalism, choice of location and tax status. Turning to the public, Kirsits noted while there was no one to speak in favor several were to express oppositions. John Thurin, long-time neighbor to the property said while not questioning the ideals of the program, both the tranquility and value of the neighborhood stood to be compromised. Mary Roy, a neighbor said many children played in the neighborhood. Maureen Bolton said the Near West Side Neighborhood has worked to make the area SF-1 (single family) and would like that respected. Marilyn Watson spoke to the many children who play in the neighborhood while her husband spoke to the dollars invested in the properties there. Marjorie Kinzie while recognizing the need for the service said the area was already saturated having 3 other treatment centers nearby. Charlotte Pfeifer former 2nd District Council representing the area recounted all the work that went into bringing the neighborhood back. She also indicated the importance of professional full-time staff and programs in such a facility. In rebuttal, Carruthers reiterated his earlier selling points. Speaking in the Council portion, Councilmember Oliver Davis said Carruthers should have met with the neighbors and worked with the Council prior to seeking the exception. Councilmember Henry Davis railed against duplicitous arguments against saving these folks should not be treated like lepers. Councilmember Kirsits said there were four criteria this project should be measured against. 1. The project would not be injurious to the neighborhood in terms of safety, comfort, and general welfare. 2. The proposed use would not compromise property values. 3. The use would be consistent in character with the neighborhood. 4. The use should reflect compatibility with "City Plan." Councilmember Varner spoke to the fragility of rebuilding neighborhoods suggesting they could tip the scales against recovery rather easily. Councilmember Varner motioned for the defeat of the bill. Councilmember Oliver Davis offered a second. All agreed to forward the bill unfavorably. Bill No. 09-54 -Special Exception 3423 S. Michigan This petition is necessary to permit apre-school as an adjunct use to a public school. Mark Lyons, Assistant Building Commissioner, upon Chairperson Kirsit's request reported the unanimous favorable recommendation of the Board of Zoning Appeals. Wendy Walker-Dyes, from Baker & Daniels, briefly made a presentation. There was no one present wishing to speak either in favor or against. Councilmember Varner motioned the bill be sent favorably, Councilmember Oliver Davis followed with a second. All approved. There being no further business to come before the Committee at this time, Chairperson Kirsits adjourned the meeting at 5:27 p.m. Respectfully Submitte , AI "Buddy" Kirsits, hairperson Zoning and Annexation Committee