08-23-93 Zoning & Vacation - Laserfiche WebLink

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s 1 Zoning and Vacation Committee August 23, 1993 Page 2 Mr. Byorni stated that it received favorable recommendations from the area plan staff and Commission. The petitioner,Aladine Wigfall-Jones noted approximately 2 years ago the entire area addressing West Washington was rezoned to A. Prior to that she had a legal non-conforming use and was operating a Barber Shop and Food Facility. With the assistance of Mr. Gibney got a loan and renovated the property to have an apartment which could be used. She was advised that she must have a commercial zoning classification. She has been operating her business for approximately thirty (30) years. The rezoning would allow a drive through window. Councilmember Washington noted that many of the individuals who originally signed a petition in opposition have subsequently changed their minds and have both voiced their support of the project and signed a petition in support of it. He stated that he believes that her Barber Shop provides a very strong and positive foundation in the neighborhood itself and that this would be an appropriate use with the drive thru for the restaurant operation. Council President Luecke noted that the grandfather Clause in the past would have allowed an expansion or modification up to 33 1/2 percent however with that provision of our local code being changed that each request must now be reviewed by the Common Council. Following further discussion Councilmember Washington made a motion seconded by Councilmember Puzzello that Bill No. 65-93 be recommended favorably to Council. The motion passed. The committee then reviewed Bill No. 67-93 which is a petition to vacate an alley south of Navarre Street. Mr. Bancroft of the Barnes and Thornburg Law Firm than presented photos of the alley in question. He stated that he represents the physicians commonly known as Houser and Norburg. He stated that the expansion is necessary in light of the proposed addition to the physicians facility which would take six (6) of the twenty-five (25)parking spaces. The alley in question runs between lots and 363 and 364. There will be a total of five(5)doctors when the two story addition is in place which is an addition of one thousand one hundred twenty five (1,125) square feet. In order to meet the zoning request the alley is to be vacated so that the petitioner can meet the zoning requirements addressing parking. He stated that his client would be willing to agree not to block the alley. Mr. Victor Carchewski stated that he uses the north south alley and that the Day Care uses this alley also. He voiced opposition to it. Mr. Brannen stated that she fought this battle seventeen(17)years ago. She has been a resident living at 312 West Navarre and believes that the fourteen (14)foot alley should be kept open. Mr. Patrick Brennen then voiced opposition to the proposed vacation. He stated in circulated information from his legal file from 1976 when the last vacation was proposed. He circulated a petition with forty (40) names on it and showed pictures of the area in question. Councilmember Slavinskas noted that the improvements made by the physicians has been a benefit the community and the surrounding area by upgrading and keeping the alley open. Council President Luecke stated that this request is similar to the one involving St. Joseph Hospital were there would be a possibility of having a easement back to the City to keep the alley open.