01-24-11 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 24, 2011 development within this district. No site plan is required when rezoning to the SF 1 Single Family & Two Family Residential District. Mr. Spier stated that according to the historical aerial maps, a single-family residential structure has been located on this property since at least 1966. Until 2000 when the property was annexed into the City as C Commercial for a proposed large scale commercial development, it was zoned R Residential in the County. This proposed development never materialized. According to the petitioner, the existing single-family residence has not been occupied since the early 2000s. Since the prior legally established nonconforming use of the property has been discontinued for more than 12 consecutive months, the property has lost its legal non- conforming status. Therefore, this rezoning petition was submitted so that the existing house can once again be occupied as a residence. The site will continue to be served by an existing on-site septic system and well. According to APC records, the nearest municipal sanitary sewer and water are located on the west side of U.S. 31 approximately 40 feet and 900 feet north of the site, respectively. Due to its close proximity, the City of South Bend and/or the St. Joseph County Health Department may require connection to sanitary sewer upon failure of the existing on-site system. The City of South Bend Division of Engineering & Public Construction commented that sanitary sewer is available. The approximate 0.60 acre site is currently occupied by a vacant one-story residential structure and is the southernmost property along U.S. 31 South within the City of South Bend. The adjacent land uses along U.S. 31 south of Kern Road are primarily low-density rural residential (greater than 0.5 acre) or agricultural. The "A" Agricultural District within the county begins approximately one-half mile to the south. The most desirable use of the property is to continue to use the existing structure as a residence until such time that it can be included into a larger development project. As previously noted, this site was a part of a larger annexation and rezoning petition which included over 75 acres of land on the west side of U.S. 31 south of Kern Road. Surrounding property values should not be negatively affected since the proposed rezoning will revert the site to the prior residential zoning and use. The proposed use is responsible growth and development since it lies within a predominantly low-density residential and agricultural area. Since the proposed large scale commercial development was never constructed, the reversion of this individual property to single-family residential is compatible with the existing adjacent land uses. Mr. Spier noted that the staff recommends that the petition be sent to the Common Council with a favorable recommendation. This rezoning will allow for an existing vacant single-family structure to be renovated and used as a single-family residence. Single-family residential is compatible with the adjacent low-density residential and agricultural uses. Mr. Timothy Johnson, 18199 Stone Ridge, South Bend, Indiana, made the presentation for this bill. Mr. Johnson advised that he is seeking rezoning of the property at 733 U. S. 31 South so that they can occupy the property as a personal residence. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 04-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR FREDERICKSON PARK REMEDIATION 7