11-25-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 25, 2002 most probably to someone who cannot get commercial financing. Two, he can sue the City to overturn the law because the structure was originally built as a multi - family house. Mr. Way asked the Council to consider doing justice to this unique situation by voting the right way in good conscience to give Mr. Stroupe the zoning that he deserves as the house was originally built as a multifamily structure. Mr. Mike Wojtysiak, CPA, with offices at 112 West Jefferson Boulevard, South Bend, Indiana, informed the Council that back in 1976 when this ordinance was passed there was an exception of half a dozen homes that were built for multi - family use and this house falls within that category. He noted that this structure pays approximately one thousand three hundred ($1,300) to one thousand four hundred ($1,400) a year in property taxes with those taxes most likely going up twenty per cent (20 %) or more next Fall. He noted that this house is not the type of structure where walls could be removed to change it back to a single family home. From an economic standpoint, if a catastrophe happened at this structure the insurance company cannot allow Mr. Stroupe to build a structure greater than the value of what the neighborhood will hold which would be around seventy -five thousand ($75,000.00) for a single family home in that area. As a dwelling available for multi family use it is allowed to be appraised at a much higher value which does bring up the tax base. Mr. Wojtysiak stated that the rezoning done in 1976 was not put in place to harm a half dozen investors within that neighborhood. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill: Ms. Karen Ainsley, Executive Director, Near Northwest Neighborhood, Inc., 711 Forest Avenue, South Bend, Indiana, advised the Council that the NNN, Inc. was formed around 1974 and is dedicated to improving the neighborhood by developing housing, organizing residents and promoting the neighborhoods interest. On October 8, 2002, the Board passed a Resolution to oppose the request to convert this property from "A" to `B" residential. The organization has worked hard since its inception to get the majority of the neighborhood zoned "A" residential and increase home ownership. The organization feels it necessary to resist any spot zoning and any zoning exception would go against NNN's long term plans to stabilize and increase single family home ownership in the neighborhood. There was no one else present wishing to speak in opposition to this bill. Mr. Stroupe declined his opportunity for rebuttal. Councilmember Aranowski advised that for the last six (6) years he has worked with the Near Northwest Neighborhood Associations who have set some good policies and have made some head way with single family residences. He noted that their policy is to keep that kind of zoning and since he has worked with them for so long he is going to support their efforts and will not be in favor of this bill. Councilmember Coleman advised that he strongly supports efforts to rezone residential neighborhoods throughout the City and will continue to do so. However, there are certain exceptions that need to be made when structures that have a specific intent, as in this particular case, where a structure was built as multi - family and has maintained that use throughout its history. Councilmember Coleman stated that if this structure were considered for single family residence, it would undercut its initial and ongoing purpose. He noted that he believes that this request is an exception for Council consideration being handled through the process being followed this evening. It is the Council's decision tonight to determine whether or not this structure merits that exception. Councilmember Coleman stated that he believes that it does and he supports the passage of this bill. W 1