01-26-15 Zoning and Annexation - Laserfiche WebLink

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ZONING & ANNEXATION JANUARY 26, 2015 4:15 P.M. Committee Members Present: Oliver Davis (EAB), Valerie Schey (EAB), Henry Davis, Derek Dieter Other Council Present: Tim Scott, Dr. Fred Ferlic, Dr. David Varner, Karen White, Gavin Ferlic Others Present: Angela Smith, Santos Rios, Kathy Cekanski- Farrand, Erin Blasko, Crystal Brisco Agenda: Bill 58 -14 Rezoning -1430 Mishawaka Avenue Bill 15 -05 Establish Reasonable Accommodation Polices & Procedures in Zoning and Land use Decisions At opening the Zoning and Annexation Committee only committee member Derek Dieter was present: He opened the meeting; and chaired until Henry Davis arrived just minutes into the hearing. Being Vice - Chair Henry took over with two items on the agenda. The first, bill 58 -14 was a rezoning petition for a parcel at 1430 Mishawaka Avenue. Angela Smith from the Area Plan Commission staff explained the request to rezone to allow for an auto repair business. It had been an auto repair; but because it was vacant for more than a year it had lost its needed zoning. She added that the Area Plan Commission had given the request a favorable recommendation. During Council questioning several councilmembers had questions about overnight parking on site because there are only two allowed on the property. Subsequently the petitioner Santos Rios agreed to no overnight parking. The Councilmembers seemed to agree this was required for their approval. Because there was no quorum no recommendation could be forwarded. The second bill 15 -05 would establish reasonable accommodation policies and procedures in zoning and land use decisions. These changes were the byproduct of a lawsuit which claimed the City had no policy to accommodate people with disabilities for housing. The Department of Justice stepped in and these policies were developed as a collaborative effort among the Building Department, the Law Department the Area Board of Zoning Appeals, the Area Plan Commission and the Council. The resulting policies were approved by the DOJ. Tim Scott made the presentation supplemented primarily by the City and Council Attorneys. Councilmembers again were not able to register a recommendation for lack of a quorum. Henry Davis adjourned at 4:40 P.M.