09-11-17 Council Minutes - Laserfiche WebLink

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REGULAR MEETING September 11, 2017 Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward without a recommendation. Ayoka Paek, Zoning and Business Services Administrator, the Building Department, with offices at 125 Lafayette Boulevard, Suite 100, served as the presenter of this bill. Ms. Paek stated, This special exception petition for a single and two (2)-family dwelling in a SF2, Single-Family and Two (2)-Family District, comes to you with a favorable recommendation from the Area Board of Zoning Appeals. The ABZA also approved a variance from the required four(4) parking spaces to two (2) for this location. The property had previously been used as a two (2) family dwelling, but did not meet the requirements for legal nonconforming use, having been abandoned for more than twelve (12) months since 2004.No one (1) spoke in remonstrance of the application at the ABZA meeting. Councilmember Jo M. Broden asked, How do you determine abandonment? Is there a criteria? Ms. Paek responded, When somebody comes to the office asking to get permitting or any information about the property, if we have reason that it may not be conforming currently—so, right now a duplex I considered a special exception SF2—we ask if they can apply for a Certificate of Legal Nonconformance to verify that the property has not ceased use for the last— since the previous ordinance, which was about 2004/2005—twelve (12) months or more. That's a requirement of that section of the zoning ordinance. That's usually the main thing. Otherwise, they can prove it however they like. There are various forms of approval to get that certificate. This particular applicant didn't even bother with the application for the certificate, and just went straight to the special exception. Also,there was a question earlier at Committee about whether or not the adjacent property was zoned by the owner: that's not the case. Raul Alvarez, 1245 Echo Drive, South Bend, IN, served as the petitioner of this bill. Mr. Alvarez stated that he purchased the home to give his brother and sister a place to stay so as to shorten the distance of their commute to work, as they work in South Bend but live in La Porte. Councilmember Tim Scott asked, I was concerned about the changing of the parking from four (4)to two (2), but obviously it's specific for their needs, right? Mr. Alvarez responded, Yes, sir. Councilmember John Voorde asked, Do you happen own the vacant lot next door? Mr. Alvarez responded,No, sir. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-48. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven(7) ayes. 17-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4321 S. MICHIGAN STREET Councilmember Gavin Ferlic made a motion to continue Bill No. 17-49 to October 27`h 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of seven(7) ayes. 17-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA 7