04-26-04 Council Meeting Minutes

Home Browse Search

REGULAR MEETING if 7 APRIL 26, 2004 Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his /her presentation and must also begin by stating his /her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition PUBLIC HEARINGS BILL NO. 3 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 TONTI STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. Mr. JeffMyers, Staff Member, Area Plan Commission, 11th Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "A" Residential "A" Height and Area to "A -1" Residential, "A" Height and Area to allow a two family residence. The property contains a duplex. The Building Department has not verified that this is a legal or illegal non - conforming duplex. Located to the north, south, east and west are single family homes zoned "A" Residential, "A" Height and Area. Also to the south are two duplexes zoned "A" Residential, "A" Height and Area. Access to the site is from Tonti St. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 5,160 square feet. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. A site plan is not required for rezonings to "A -1" Residential. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. In the staff's opinion, allowing two - family zoning to encroach into a single - family neighborhood is not desirable. This property will be zoned S172 Single - Family in the new zoning ordinance. If the petitioner needs legal status, the staff recommends obtaining a special exception under the new zoning ordinance. This will allow a duplex in the SF2 district, but it will still maintain the single - family zoning in the neighborhood. There was no presenter for this bill. Councilmember Pfeifer made a motion to continue this bill until the end of the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 4 1 D 1