04-23-12 Common Council Meeting Minutes

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REGULAR MEETING APRIL 23, 2012 PUBLIC HEARINGS BILL NO. 06-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS Councilmember Varner, Vice-Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the requested action is a text amendment, initiated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code Article 6, Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District, to revise the single and two-family residential roof eaves provisions. In August 2011, the Common Council approved the Northeast Neighborhood Development Area Overlay Zoning District (NNDA) with a minimum and maximum eave width. Since that time, it was realized that the more narrow lots that exist throughout the neighborhood do not allow for the minimum eave width of 2’. In addition, certain architectural styles of houses would not provide eaves. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. This small change to the overlay district does not compromise the integrity of the ordinance. It maintains a development environment that not only protects the existing character of the neighborhood but encourages future, new development to reinforce the unique neighborhood identity while making enforcement clearer. 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 nine (9) ayes. BILL NO. 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 8