9604-05 Annexation and Rezoning - 6302 U.S. 31 South - LT Leaseco, LLC

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NEMETH, PEENEY & MASTERS, P.C. ATTORNEYS AT LAW JAMES A. MASTERS PETER F. NEMETH (1915-1995) F. GERARD PEENEY (1918-2004) REVERE D. GOHEEN (1912-2000) 211 WEST WASHINGTON SUrrE 1720 SOUTH BEND, INDIANA 46601 TELEPHONE: (574) 234-0121 (574) 233-9449 TELEFAX: (574) 234-3141 February 9, 2005 OF COUNSEL: REIN SCHROEDER JOSEPH S. DONNELLY NEW CARLISLE OFFICE: 115 EAST MICHICAIJ STREET NEW CARLISLE, INDIANA 46552 TELEPHONE: (574) 654-3722 South Bend Common Council 4t'' Floor, County-City Building South Bend, IN 46601 RE: Petition of LT Leaseco, LLC To Annex and Rezone Property At U.S. 31 South and Kern Road Dear Members of the Common Council: On behalf of my client, LT Leaseco, LLC ("Petitioner"), I am submitting for your approval a petition to annex and to rezone property located at the southeast corner of U.S. 31 South and Kern Road. The managing member of LT Leaseco, LLC is Tim R. Martin, owner of Martin Buick, Pontiac, GMC in Plymouth, Indiana. Mr. Martin intends to use this site to locate an automobile sales business in the City of South Bend. There has been a used car lot located at the southeast corner of U.S. 31 South and Kern Road for over ten years. Before then the site was used for another commercial business. The Petitioner recently acquired four lots at the southeast corner of U.S. 31 South and Kern Road from the former owner of the used car business for the purpose of operating its proposed automobile sales business at that location. The lots are described as Lots 39, 40, 41 and 42 Whitcomb and Keller Southmoor Addition. An areal photograph is enclosed to help identify the location. Lots 41 and 42 are within the city limits of the City of South Bend. The used car lot is located on Lot 41 at the corner of U.S. 31 South and Kern Road. Lot 41 is zoned for CB Community Business use. There is a house on Lot 42 which also is within the city limits of South Bend. Lot 42 is zoned SF1 Single Family. The petition seeks to rezone Lot 42 from SF1 Single Family to CB Community Business.