08/13/07 Council Meeting Minutes

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REGULAR MEETING AUGUST 13, 2007 Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 31-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is request a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow a residential use. On site is a single family house zoned MU Mixed Use District. To the north across Hoose Court are single family houses zoned SF2 Single Family and Two Family District. To the east is a single family house zoned MU Mixed Use District and a single family house zoned SF2 Single Family and Two Family District. To the south across Wayne Street is a multi-tenant commercial building zoned LB Local Business District. To the west across Chapin Street is an existing building that will be used for the Studebaker Archive Building zoned MU Mixed Use District. The "SF2" Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. A site plan is not required for residential rezoning. Chapin Street has two lanes and on street parking on the west side. Wayne Street has two lanes and space for on street parking. Hoose Court has one lane. The property is served by municipal utilities. The rezoning is consistent with the Comprehensive Plans Housing Policy. The future land use map identifies this area as Mixed Use. City Plan defines mixed use as "an area where a combination of residential, commercial, office and industrial uses can co-locate." The rezoning is consistent with the Future Land Use Map. The site is currently residential. The character of the area is a mixture of residential and commercial. The most desirable use for this is residential or mixed use. The surrounding property values will be unaffected by the rezoning. It is responsible development and growth to allow the rezoning of residentially used property to a corresponding zoning district. Based on information available prior to the pubic hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The house was moved from the property now occupied by the Studebaker National Museum to its current location in May of 2004. The property was zoned MU Mixed Use District at the time the house was relocated. The property has been used a single family residential since that time. The rezoning of the site will grant a comparable zoning classification for the single family home. Mr. Jeffrey J. Hodes, 218 Chapin Street, South Bend, Indiana stated that he is requesting the rezoning of his property at 218 Chapin Street from MU Mixed Use District to SF2 Single Family and Two Family District. Mr. Hodes stated that he owns this home with his wife Janine. 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 Kuspa made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 4