REGULAR MEETING July 24, 2017
<br /> Board of Zoning Appeals,because that's where it originated; or the City of South Bend, which,
<br /> of course,-would be the Legal Department; or property owners within three-hundred (300) feet.
<br /> So, that's a given. That's what the law requires.
<br /> Councilmember Davis asked, Last two (2) questions, and then I'm done: in terms of the issue
<br /> you said that Mr. Burg could have done something differently—what do you think he could have
<br /> done differently that would have helped relieve the situation?
<br /> Mr. Masters responded, When Bob Burg got started,there were some parties out there that
<br /> would... The biggest issue is he used the house next door the backyard of the house next
<br /> door—which he owns, but it wasn't really his own to use. And so that made it a lot bigger than
<br /> what we've got now, which is a deck with a capacity for twenty(20)people.
<br /> Councilmember Davis responded, Okay, I'm at peace.
<br /> Councilmember Tim Scott asked,Any other questions?
<br /> Councilmember Broden asked Mr. Bulot to answer these questions, as well. So, what was the ,
<br /> theory or the intent when the rezoning occurred—was it 2004?When parcels of property were
<br /> deemed nonconforming, what was the overall intent of that label? And then,what is the process
<br /> for bringing those into conformity? And I know some of these answers, but I really want you to
<br /> go through that in just, clarification.
<br /> Mr. Bulot responded, Sure. In 2004, first of all-
<br /> Councilmember Borden interrupted, I'm sorry. Let me actually put a little bit of an additional
<br /> request in there. The piece about"non-expansion." So, freezing it at the use, as-is. If you can
<br /> maybe hit that?
<br /> Mr. Bulot responded, Sure.
<br /> Councilmember Broden responded, Thanks.
<br /> Mr. Bulot stated, First of all, I want to say the Building Department is not responsible for any
<br /> rezoning. That goes through the Area Plan Commission. In 2004—and this is kind of a summary
<br /> of what happened—they decided that it was time to rezone certain areas of the City, in and
<br /> around the City. What they did was they went through and they saw properties that had similar
<br /> characteristics: Residential, Commercial, Industrial, Central Business District. So, what they did,
<br /> more or less as a matter of convenience,they surrounded each of these districts and designated a
<br /> zone for that district. But nothing is perfect, and along with some of these districts, certain types
<br /> of properties were zoned probably improperly for what their function was. So,this was, I think,
<br /> the case: it's in a Residential District but it was used as a certain use. It probably should have
<br /> been taken out of a Residential District and designated a separate use. It was designated
<br /> Commercial, and then it was rezoned to Mixed Use. Now, Mixed Use is a use that's more
<br /> appropriate adjacent to a Residential use than a Commercial use. Part of the intent with zoning is
<br /> to make a smooth transition from Residential up to Heavy Industrial, so that you have less
<br /> impact on adjacent properties. In other words,you don't have a preschool next door to the
<br /> foundry. It doesn't make any sense. You want some properties in between those. Now, in terms
<br /> of legal nonconformity: when properties like this are rezoned,they are designated a certain
<br /> zoning designation, and within that zoning designation are certain types of uses, certain types of
<br /> setbacks,type-restrictions, all of these other rules and regulations that go in that district,
<br /> specifically. If you are a use that is not recognized in that district, you are allowed to continue
<br /> that use as long as you do not increase—and this is the term that is used in the zoning
<br /> ordinance—the "degree of nonconformity." So, if you are close to a property line and you decide
<br /> you want to move closer than the district allows,you're not allowed to do that. You have to get
<br /> special compensation—dispensation—in the form of a variance. The same is true for a use.
<br /> Within the confines of this building is a bar. It's been established. That's the extent of the use.
<br /> And, as far as we were concerned, the problem occurred when that use extended into the
<br /> exterior, increasing the area of the use. So,technically, you cannot increase the degree of
<br /> nonconformity, which it did here.
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