11-14-05 Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 14, 2005 the current zoning of the neighborhood and usage of the property. They continued to operate as they had been doing, in open violation of zoning and in disregard of the Neighborhood Organization. Another point of concern worth noting is the manner in which the Catholic Worker group entered the neighborhood. Any reputable organization would have conducted a study on the needs of the community within which it hopes to operate. It would have garnished neighborhood support before moving into a neighborhood. It would have examined or even considered zoning laws for the property. The Catholic Worker group did none of the things that are considered responsible conduct for a reputable public entity. After purchasing 1126 West Washington, they furthermore rented two other neighboring properties on the same street and purchased the property on Tomas Street knowingly violating the zoning designations of all four properties. This behavior, as laudable as their outreach to the homeless may be, is a public show of disrespect for the neighbors of the near west side and to the City’s laws. As professionals in the legal, education, and social service sectors, having supported many good community organizations and outreach to the poor and vulnerable in our community, we have little regard for organizations, as laudable as their intentions may be, that openly show disrespect for the law and systems of accountability. Regarding yet another point of contention, “religious liberty” should not be used as an excuse for a group or organization to do what it wants to do outside of the law. Laudable religious organizations (Catholic Charities, Catholic Relief Services, Hope Rescue Mission, Lutheran Services, etc.) have to and do conduct their mission in compliance with the law. The Peter Claver Catholic Worker group should not be an exception. Catholic Worker houses of hospitality exist in many forms across the nation. The current single family zoning designation of the 1126 West Washington property does not restrict members of the group to practice their religious convictions of providing hospitality to the homeless. It is entirely legal that one Catholic Worker “staff” member own a single family zoned home and offer hospitality to one other unrelated guest or family unit. They know families across the City of South Bend who often takes in a homeless single woman family in need, carrying out their “religious convictions”, and doing so within the confines of the law. Furthermore, it would be inaccurate for the Catholic Worker group to allege that they are being discriminated against should their request for change in zoning and special exemption be denied. With the City of South Bend, they could find properly zoned facilities to purchase, in which they could continue their outreach to the homeless in a safe and appropriate manner. A change in zoning for the property is not in the best interest of the neighborhood or the City of South Bend. The City has spent a lot of taxpayers’ dollars investing in this particular area of the City. A Change in zoning would open the door for others to seek zoning changes, to establish boarding houses and other inappropriate institutional uses, in a residential area. A change in zoning for would open the door for others to seek zoning changes, to establish boarding houses and other inappropriate institutional uses, in a residential area. A change in zoning for the property in question would set a precedent that would undo the years of work and money invested. Therefore, they cannot and do not support the application for a change in zoning and special exemption for which the Peter Claver Catholic Worker group has recently applied. Zoning has been and is a tool to achieve stability for our neighborhood. Zoning has been central to the improvements in the neighborhood. There is no need for an exception or variance to the genera trend and usage (single-family zoning designation) of the neighborhood. The urged the Mayor and Council Members of the City of South Bend, to demonstrate their commitment to this neighborhood and to building strong and healthy neighborhoods throughout the City. Uphold the City’s own current zoning laws and deny the Peter Claver Catholic Worker’s application for zoning change and request for special exemption on 1126 West Washington Street. th The Honorable Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, stated that the issue of the Catholic Worker Home implies a necessity of conformity. Mayor Luecke stated that he supports the City of South Bend Zoning Ordinance and the single-family zoning that has been established in the northwest neighborhood. Mayor Luecke stated that the City of South Bend will work with the Catholic Worker to try to resolve the issues at hand. Mr. David Hurley, 803 Ashland Avenue, South Bend, Indiana, advised that he was the executive director of a homeless shelter on the east coast. He understands that the quality 20