01-28-02 Council Meeting Minutes

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REGULAR MEETING JANUARY 28, 2002 single family residential use. The property contains a single family home. Located to the north across Mishawaka Avenue is Potawatomi Park and Zoo zoned "A" Residential, "A" Height and Area; to the east is a single family home zoned "B" Residential, "A" Height and Area; to the south are single - family homes zoned "A" Residential, "A" Height and Area and to the west across 21S` Street is a branch of the St. Joseph County Public Library zoned "C -1" Commercial, "A" Height and Area. Mr. Myers noted that access to the site is from 21S` Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is six thousand nine hundred eighty (6,980) square feet. Of that, the buildings will occupy thirty -one percent (31%) of the site, the parking and drives will occupy fourteen per cent (14 %) of the site and fifty -five per cent (55 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. A Special Exception will be necessary for the residential portion of the building if this site is rezoned to "C" Commercial by the Common Council. Also, rear yard and side yard setback variances will have to be obtained prior to final site plan approval. The Area Plan Commission, at its Public Hearing held on December 18, 2001, sends this petition to the Council with a favorable recommendation subject to a final site development plan. The addition of mixed use properties is beneficial to and should be encouraged along corridors such as Mishawaka Avenue. Such properties increase the short term viability and long term sustainability of both the individual property and the entire corridor. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill, representing the owners, Peter and Rosemary Majeski. Mr. Danch noted that this property is located on the southeast corner of Mishawaka Avenue and 21 s' Street across from Potawatomi Park and the South Bend Public Library. Currently on this site is a single family home and a two (2) story garage located at the south end of the property. The petitioners would like to rezone this property to a commercial classification in order to put in a management office in the garage structure. The management office would be located on the second floor of the garage structure and would utilize five hundred nine (509) square feet. The bottom part of the structure will contain one hundred (100) square feet of office area and the existing garage. This commercial zoning is requested to allow this very low density use at this location. Mr. Danch noted that Mr. Majeski has several properties and is in need of a management office. The Maj ewski's presently own the property directly to the south of the petitioned site. They will be leaving the existing home which is toward the north side of Mishawaka Avenue as a residential structure and that will remain as a rental unit. Mr. Danch noted that a breeze way addition is shown between the existing single family home and the garage which was required by the zoning ordinance in order to allow the single family home to remain as a single family structure. Additionally, parking will all be off site in the garage structure. No parking will take place on either 21" Street or Mishawaka Avenue. The site is already hooked up to sewer and water and all drainage requirements will be met. Mr. Danch further noted that the Board of Zoning Appeals has granted side yard and rear yard setbacks for the existing structure. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -5-