08-11-03 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee August 11, 2003 Page 2 No one from the public spoke in favor or in opposition to the Bill. Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that Bill No. 52-03 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-69 which addresses a petition from the Board of Zoning Appeals for the property located at 1902 South Bend Avenue. Building Commissioner Don Fozo reported that the petition is for Joe Heintzelman/Oscar's Billiards. The Board of Zoning Appeals held a public hearing on the petition on July 17, 2003 and by a vote of 3-0 voted to favorably recommend the allowance of a billiard club within 1000' of two (2) controlled uses at 902 South Bend Avenue, subject to this particular owner. (Copy of report attached). Mr. Joe Heintzelman made the presentation. He noted that he was in business for six and one-half years before Madison Center took over his property as part of their expansion of their campus. He noted a number of civic activities done by his establishment which he believes compliment the city. He noted that when the 9/11 New York firefighters came to South Bend that officials requested that they be brought to Oscar's Billiards during their stay. In response to a question from Council Member Kuspa it was noted that there is a $20.00 membership. In response to a question from Council Member Kirsits it was noted that they do have a liquor license. Council Member Kuspa then opened the hearing to comments from the public. Jeffrey Dee noted that he is 3rd generation in his business of distributing liquor. He has dealt with Mr. Heinzelman since 1997. He noted that there are 430 liquor licenses in St. Joseph County. He stated that Mr. Heintzelman runs a first class operation, has a server training program and is an asset to the community. Terry Harland noted that he has membership# 106 to Oscar's Billiards. He has worked in South Bend on Hill Street for 21 years and believes that Oscar's is a fine establishment. Ray Simmons stated that"Joe runs an excellent room". No one spoke in opposition to the Bill. Council Member King stated that the proposed establishment would be located in his Councilmanic District. He noted that Mr. Heintzelman began working on this project many months ago. He called him when snow was still on the ground and asked for a list of people who lived in the area where he would be located. He held an open house and sent letters to those individuals so that they could see the operation and ask questions and discuss any concerns which they may have. Council Member King noted that he has never seen anyone go to that length to address neighborhood concerns. He stated that Mr. Heintzelman has done a commendable job and fully supports the BZA request. In response to a question from Council Member Coleman, the Council Attorney noted that she believed that the special exception would run with the land and therefore cannot be limited solely to