12-12-05 Zoning & Annexation - Laserfiche WebLink

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Council Member Dieter asked whether the Bill could be amended to delete the provision regarding parking and Attorney DeRose said that this could be done. Mr. Dieter also said that he received a letter from Attorney James Masters which bears consideration. Council Member Kirsits also stated that he was impressed with Mr.Masters'letter which says the residents are upset generally with vehicles parked in front yards but that the process currently in effect does not work and a new approach is needed. Council Member Puzzello said that her problem was not just the issue of parking on lawns, but that if the front lawn portion of the Bill is omitted or deleted, there will be repercussions throughout the City. Council Member Rouse stated that the Council wished to have an Ordinance that prohibits parking on front lawns,but which is enforceable. Council Member White noted that we have a solid, strong, enforceable Ordinance which needs to be supported. She added that there are so many issues under this Bill that it may be preferable to refer it back to the Zoning Committee. Council President Pfeifer said that she was concerned with selective, discriminatory enforcement. The City always requires adequate parking by those who host events within the City. Ms. Pfeifer believes that Notre Dame does have adequate parking for football fans and that fans choose not to park in designated area. Allowing parking in front lawns encourages non-use of official parking sites. According to Ms. Pfeifer it is unwise to give the appearance of special rules for special neighborhoods. Council Member Kelly agreed that a parking ban should apply uniformly throughout the City. City Attorney Leone reminded the Council that the Zoning Code as interpreted by Judge Gotsch now permits parking on lawns City wide, which is not a good thing. Member Krisits said that the idea of a special permit as contained in the letter of Jim Masters makes sense. He also added that because it's now wintertime, there will not be parking on lawns and he questioned the current enforcement procedure. Attorney Leone responded that the City enforces the no parking ban by ticketing and by injunctive relief against owners who violate the Ordinance habitually. Council Member Dieter stated that the Council needs more time to work on this and he moved to table the Council's consideration of Bill 47-05 to the Board's meeting of January 23, 2006. The motion was seconded by Member Rouse and passed unanimously. Thereafter, the Council discussed the effect of Indiana law upon Zoning Code amendments and the requirement that the legislative body act within 90 days of Area Plan Commission decision making. Attorney DeRose said that she did not know the answer to this question but would find the answer before the evening Council's 7:00 p.m. meeting. City Engineer Littrell stated that if the Council fails to act on a Zoning Code amendment,it becomes effective after the passage of 90 days. Because of this,the Committee was concerned that Bill 47-05 would become effective despite their concern with it. The Committee then resolved to send the Bill to the full Council with no recommendation so that if Council action was required to avoid the default effectiveness of the Ordinance, the Council would have the option to reject Bill 47-05 in full or in part. B. Presentation of Bill No. 65-05. Committee Chair Kuspa noted that this Bill was placed on the Council's agenda in error and that it would not be considered at Committee or at the full Council meeting. Page 3