10-08-73 Council Meeting Minutes

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IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Kopczynski made a motion that Councilman Parent. The he indicated that he had him out of order. At this have a Avenue, motion carried. wanted to make the ordinance go to the Council as.favorable, seconded by Councilman Szymkowiak voiced objection to the motion becau a few comments concerning the rate. Chairman Newburn ruled time, Councilman Miller made a motion to rescind the motion to postpone to October 22 and public hearing on the rezonings for Kinyon Street, the Scottsdale Mall property and Prairie seconded by Councilman Parent. The motion carried. II ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1404 KINYON STREET) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Larry Ambler, 215 West Marion Street, repre- senting the petitioner, made the presentation for the ordinance. He explained the request for rezoning to the C -1 Commercial District. He indicated that the petition had originally been filed for "C" zoning; however, upon the recommendation of the Area Plan Commission, the request was now for C -1 zoning. He stated that the beauty shop was previously rented near Elwood Street. He indicated that Mrs. Loughlin would be moving her beauty shop into a home near a fire station, a Burger Dairy Store, a laundromat, etc. He stated that the area, for the most past, was commercial. He referred to a slide of the property, and he explained that immediately to the south, lots are owned by Van Buren's Market. He indicated that Mrs. Loughlin was requesting the zone phange because of rising prices. He stated that she previously paid rent and now wished to establish her business in the home. He explained that her lease for the property she previously rented had expired. He also stated that the Area Plan Commission had made a favorable recommendation regardin the rezoning request. Mr. Ambler also pointed out that the 1995 projected outlook for the area showed it to be "C" Commercial. He indicated that the lots, at present, are unimproved and that th house in which Mrs. Loughlin would have her business would remain looking like a house. Mrs. Elaine Abell, 1502 Kinyon Street, presented a remonstrance to the City Clerk. She indicated that she was acting in the absence of Mrs. Burkus of 1707 Portage Avenue who could not attend the meeting because of surgery being performed on a member of her family. She expressed the feeling of the remonstrators that the rezoning would not be of any good to the neighborhood. She indicated that one of the councilman had indicated that he wished to see the neighborhoods preserved and the residents within the area also felt the same way. Mrs. James Reid, 1647 Portage, indicated that she felt the Council has been very wise, in the past, in not extending commercial zoning north of Bulla Street. She indicated that the residents were trying to keep the neighborhood as it was, and she felt that, if commercial zoning starts coming in, the neighborhood would be spoiled. She asked if Mrs. Loughlin planned to live in the home, and Mrs. Loughlin answered that she would not. Mrs. Margaret Sabaleski, 1745 Kessler Boulevard, indicated that the Council had not approved the rezonin however, she stated that the beauty shop is already in operation. She stated that this gave the appearance that the matter was "already cut and dried ". Mr. James Roemer, City Attorney, stated that;: just because the business was already in operation, it did not mean the Council was legally affected by that fact. Mr. Ambler stated that there was a sign on the premises;-however, it had been sold to Portage Salvage. He indicated that the sign was the old sign that Mrs. Loughlin had used and would not be used for her new establishment. He indicated that Mrs. Loughlin has had electricians at the home because the building will have to be re -wired should the Council approve the rezoning. He also stated that the reason her equipment was already in the house was because her lease had expired and she needed a place to keep her equipment. Chairman Newburn indicated that the Council was now holding the public hearing on the rezoning request and that the matter was not "cut and dried" as Mrs. Sabaleski had been led to believe. Mr. Ambler apologized for his late arrival at the Council meeting and the confusion caused because of it. Mrs. Sabaleski stated that the whole business was already set up. She felt Mrs. Loughlin had anticipated that the rezoning would go through and she did not think this was right. Mrs. Abell felt the Area Plan Commission had not made a thorough investigation of the situation. She indicated that the whole block was residential. She wondered why Mrs. Loughlin could not move into the home and make it her residence and establish her business elsewhere in order to help preserve the neighborhood. Mr. William Dvorak, 1628 Portage Avenue, indicated that the property in question bordered closer to his home than any of the other homes in the area. He stated that, two doors from his home, there was a fire station and on the other side were two apartment houses. He stated that behind his home was an insurance office. He felt the rezoning of 1404 Kinyon Street would not interfere with anything. H stated that the shop would close at a certain time and that there were many other uses that the property could be put to that would be far more detrimental to the neighborhood. He felt the peopl in the immediate vicinity should be concerned about the rezoning; however, he indicated that many of the remonstrators did not live within the same block. He also stated that the area was not strictly residential as had been indicated by Mrs. Abell. Mrs. Reid indicated that apartment houses were allowed in a "B" Residential District which the area was. She felt that the rezoning to commercial was an example of spot zoning. Councilman Serge indicated that he had mixed emotions about the rezoning. He stated that, right across the street, a doctor has purchased property and heavy equipment has been sitting on the property. He felt that Mrs. Loughlin took for granted the decision of the Council upon the recomm dation of the Area Plan Commission before the Council even had held a public hearing. He stated that, because a remonstrance bearing about 300 signatures had been presented, he was not in favor of the rezoning. Councilman Kopczynski felt that the small businessman was being stifled by the government. He felt these services were needed in the community and the expenses were very great. He was of the opinion that a small beauty shop should even be allowed in a "B" Residential Distric He wondered what -the real objection to the rezoning was. He asked if the people within 300 feet had been notified of the request, and Mr. Ambler indicated that all property owners within 300 fee had been notified and there had been no remonstrances filed at the Area Plan Commission hearing. Councilman Kopczynski stated that it appeared that many of the signatures were of residents not even living in the area. Mrs. Reid indicated that she lived within a half block of the property in question. Mr. James Roemer, City Attorney, clarified the point about the property owners withi 300 feet.by indicating that the 300 feet area only applied to the notices. He stated that anyone can remonstrate. Councilman Miller indicated that the Area Plan Commission map did not show the property in question to be commercial. Mr. Ambler indicated to Councilman Miller that the propert