07-24-17 Zoning and Annexation - Laserfiche WebLink

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Chuck Bulot, Building Department with offices at 125 S Lafayette Boulevard, stated, Any time we add flexibility to streamline an operation of building use and development, it is a positive thing and this aids in that development. With no other members of the public wishing to make comment, Committee Chair Davis turned the floor back to the Committee for further comments or main motion. Committeemember Ferlic made a motion to send Bill No. 40-17 to the full Council with a favorable recommendation. Committeemember Voorde seconded the motion which carried unanimously by a voice vote of four (4) ayes. Bill No. 17-37- Special Exception at 1502 W. Dunham Bob Palmer, Common Council Attorney, stated, This is a unique position for the Council to be in. In ruling on a special exception, the Council is acting as a quasi-judicial body, instead of a legislative body. Therefore, there are specific criteria to look at in passing this petition. Those criteria are as follows: One (1) is the determination of whether or not the proposed use will be injurious to public safety, comfort, community moral standards, convenience or general welfare. Two (2) is the determination of whether or not the proposed use will injure or adversely affect the use of the adjacent area or property values therein. Three (3) is the determination of whether or not the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. And four (4) is the determination of whether or not the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Also, unlike your legislative function in which you consider the wishes of your constituents and any other item you believe is relevant in passing legislation, since you are a quasi-judicial body, your review should be limited to the record proceedings in the ABZA Meeting,the Committee hearings and the Public Hearing you will hear tonight. The Council should not consider any other communications that have not been provided to all Councilmembers and the general public. James A. Masters, 350 Columbia Street, stated, I am here on behalf of Robert Burg for the special exception for property at 1502 W Dunham. The petition is to permit a special exception for the property. This property has a history that bares some recognition. There had been a bar there called the `Dunham Inn' for at least fifty (50) years and the property was zoned C, Commercial. In May of 2004, there was a paper zoning change by the Area Plan Commission that changed the zoning to MU, Mixed-Use.Nobody asked for that and the property owner didn't request the change, for there was no consent. The effect of that zoning change made the property a legal non-conforming use. It could remain a tavern, it was just no longer in the proper zoning district. In Mixed-Use zoning districts, you have to ask for a special exception to have a tavern, so here we are. So the change is the tavern wants to have a deck. That has been the subject of some consternation. Could things have been done differently? You bet. Should it have been done differently? I think so. But, we are now before you asking for the special exception. It comes to you with a favorable recommendation from the Area Plan Commission as well as the Area Board of Zoning Appeals. I hope you have all had the opportunity to go through the minutes of the ABZA meeting. They went through this subject pretty thoroughly. Written into the record of that meeting are numerous letters from people that support the granting of the special exception. Your Council, Mr. Palmer, has suggested to you that your review be limited to the four(4) statutory exceptions for granting this. The ABZA found that it met all the legal 4