03-22-04 Zoning & Annexation - Laserfiche WebLink

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South Bend Common Council Zoning and Annexation Committee Minutes form Meeting of March 22, 2004 The March 22,2004 meeting of the Common Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ery Kuspa, at 4:12,p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Kelly,Puzzello, Varner, Kuspa, Coleman,Kirsits and White. Among those also present were Attorney Thomas Walz,City Clerk John Voorde,Jim Frick(South Gateway Association),Terry Bland(South Bend Tribune),and Aladean M. DeRose substituting for Kathleen Cekanski-Farrand, Council Attorney. A full quorum of the Committee existed in that all members were present namely,Council Members Kuspa,Puzzello, Kelly,.and Coleman. A. Bill No.10-04-Annexation of the 20000-21000 Block of Kern Road/Property of Duane and Virginia Zeiger. Chairperson Kuspa reported his receipt of a letter from Larry Magliozzi,South Bend Division of Community Development, requesting permission to continue hearing on this Bill to April 12, 2004 in that the Board of Public Safety was unable to approve the Fiscal Plan at its meeting on March 17,2004. Council Member Coleman made a motion to continue public hearing on Bill No. 10-04 to the Council's next meeting of April 12,2004. Council Member Kelly seconded the motion and it passed unanimously. B. Bill No. 04-29 Resolution Approving Petition for Special Zoning Exception for Property Located at 1020/1022 South Webster, South Bend,Indiana. Attorney Thomas Walz made the presentation to the Committee, stating that the Board of Zoning Appeals made no recommendation as to approval of this special exception. Council Member White asked Mr.Walz why the BZA made no recommendation. The answer was that the BZA could not determine whether this was an appropriate special exception. The initial problem arose because of the original terminology used by the petitioner, i.e. a request to operate a"Transfer Station." Mr.Walz explained that this terminology was the inaccurate and unfortunate result of a lay person filling out legal forms(Junoll originally prepared the petition itself). Mr. Walz informed the Council that the Building Commissioner can impose and enforce conditions upon the special use. Mr. Walz"further explained that what Junoll Industries actually wants is the limited right to store occupied containers overnight without transferring contents. He added that there is a true and necessary justification for this request because landfills have restricted hours and it is nearly impossible to meet the 3:00 p.m. closing deadline of most landfills. It is Mr. Walz's further belief that Michigan is moving toward closing landfills from other states. This company will be more profitable and productive if it is permitted the special exception that it is seeking. According to Mr. Walz this is blighted property which is being substantially improved.