11-25-96 Council Meeting Minutes

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BILL NO. 62 -96 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT LEEPER PARK, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council with favorable. James Ed Talley, member of the Historic Preservation Commission, made the presentation for the bill. He showed a slide presentation giving the history of Leeper Park. Phil St. Clair, superintendent of parks, made spoke in favor of the bill, indicating it would be a good move for the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 76 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4210 LINCOLN WAY WEST, SOUTH BEND, INDIANA - BEACON BOWL ACQUISITION COMPANY, INC. This being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council with favorable. Council Member Zakrzewski made a motion to accept the substitute bill on bill with the City Clerk, seconded by Council Member Varner. The motion carried. John Byorni, Area Plan, reported that the petitioner is requesting this zone change to correct errors in the original 1977 zoning. John Ford, attorney, for the petition, made the presentation for the bill. He indicated this property has changed hands and it was discovered there was an error in the legal description, which was clearly a mistake. He submitted a letter from the Building Commissioner, that this was a legal non - conforming use of this property. Mr. Ford indicated the rezoning was sought to bring the entire area into conformance. Council Member Luecke made a motion to send the bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. BILL NO. 80 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1615 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council unfavorably. John Byorni, Area Plan, reported the petitioner was requesting this rezoning to allow for a video rental and sales store. He indicated the property contains a vacant bank building. He reported that the Area Plan Commission sends this bill to the Council with a favorable recommendation. Tom Reynolds, regional manger of Family Video, made the presentation for the bill. He advised that Family Video was founded in 1978, and was a family owned business. He informed the Council that were some landscape and curb cut issues that have been addressed. Elsie Hogan, 1707 Portage, indicated that the building will cheap looking like the one in Niles, and they will sell x -rated videos and pornography. Mr. Reynolds reported that the building in Niles was remodeled by Family Video, and they intend to building anew building at the Portage site. After discussion by the Council, Council Member Luecke made a motion that this bill be sent to the Council with an unfavorable recommendation, seconded by Council Member Broden. The motion failed on a roll call vote of four ayes and four nays. Council Member Hosinski made a motion that this bill be sent to the Council with a favorable recommendation, seconded by Council Member Zakrzewski. The motion failed on a vote of four ayes and four nays. The Council informed Mr. Reynolds that they would