12-12-05 Zoning & Annexation - Laserfiche WebLink

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L i t South Bend Common Council Zoning and Annexation Committee Minutes from Meeting of December 12, 2005 The December 12, 2005 meeting of the Common Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ery Kuspa, at 3:32 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Puzzello, Kuspa, Rouse, Kirsits and White. Among those also present were City Clerk John Voorde,Area Plan Director John Byorni, City Engineer Carl Littrell, City Community and Economic Director Sharon Kendall, Building Department Director Don Fozo, City Attorney Chuck Leone, Jamie Loo (South Bend Tribune), and Aladean M. DeRose substituting for Kathleen Cekanski-Farrand, Council Attorney. A quorum of the Committee existed with members Rouse,Kirsits and Kuspa present,joined at 3:43 p.m. by Council Member Dieter. A. Presentation on Bill No.47-05 Amending Various Sections of the Zoning Code, Chapter 21, Article 2 of the South Bend Municipal Code. The Committee Chair called for presentation of Substitute Bill No.47-05. Building Director Don Fozo deferred to City Attorney Chuck Leone for presentation of this Bill. Mr.Leone stated that most of the changes to the Zoning Code contained in Bill No. 47-05 were part of the ongoing clarification process after adoption of the new Zoning Code. The insertion in Bill 47-05 prohibiting parking in front yards had always been part of the prior Zoning Code and it was the intent of the new code drafters to retain that prohibition. However, in a decision issued by St. Joseph Circuit Court Judge Michael Gotsch in June, 2005, the new language of the Zoning Code was interpreted to contain no prohibition against parking in front setbacks. It was the Court decision that has triggered the Ordinance amendment. Mr. Leone emphasized that this is an important City wide restriction affecting quality of life throughout the City. He suggested that if exceptions are to be made for a specific neighborhood,that this be done at a later date because of the general desire and need for the restriction throughout the City. Mr. Fozo concurred with Attorney Leone and said that the Ordinance did not spell out a no parking in front setback restriction. However,it was not the intent of the new Zoning Code drafters to delete anything from the Ordinance. They just didn't spell it out specifically. Mr. Fozo emphasized that this Code amendment was nothing new or different from the past. Committee Chair Kuspa said that this is truly a quality of life issue throughout the City and that front lawns have occasionally looked like used car lots. Some homeowners have parked four to five cars on the front lawn along with motorcycles. Mr. Kuspa suggested that for Notre Dame weekends, it may be appropriate to make allowances. Mr. Kuspa then opened the discussion to members of the public who were present. Ms.Jane Avis of Wooded Estates read an email that she had recently sent to Council Member