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REGULAR MEETING MAY 23, 1994 <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning & Annexation Committee had met on this bill and <br />recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that <br />the petitioner wanted to rezone this property from "C" Commercial, "D" Height and <br />Area to "C" Commercial, "D" Height and Area. He indicated that the Commission <br />recommended this to the Council favorable, subject to a final site development <br />plan. The proposed parking area will be screened with landscaping and should not <br />have a <br />negative impact on the residential area to the south. Mr. Kenneth Fedder, Attorney <br />for Baseball, Inc., made the presentation on this bill. Council Member Coleman <br />made motion to recommend this bill to the Council favorable, seconded by Council <br />Member Duda. The motion carried. <br />BILL NO. 21 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT <br />THE NORTHWEST CORNER OF WINDFALL DRIVE AND SUMMIT DRIVE IN THE <br />CITY OF SOUTH BEND, INDIANA. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning and Annexation Committee had met on this bill and <br />recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that <br />the Petitioner wanted to rezone this property from "C" Commercial, "A" Height and <br />Area, to "A" Residential, "A" Height and Area. A site plan is not required. He <br />indicated that the Commission recommended this to the Council favorable. Sue <br />Clark, 54242 Maple Lane, made the presentation for the bill. She indicated that <br />is for the development of single family lots. Council Member Slavinskas made a <br />motion to recommend this bill to the Council favorable, seconded by Council Member <br />Washington. The motion carried. <br />BILL NO. 30 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE <br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, <br />BY ADDING A NEW "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER <br />RELATED REVISIONS. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning and Annexation Committee had met on this bill and <br />recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that <br />this will adopt an "O" Office zoning district for the City of South Bend. <br />Permitted uses in the new district will include professional, business, <br />governmental and quasi - governmental offices in buildings of 5,000 square feet or <br />less. It will also delete some professional offices as permitted uses within the <br />"B" Residential zoning district. He indicated that the Commission recommended this <br />to the Council favorably. Council Member Slavinskas, 5703 Bridgeton Lane, <br />expressed his appreciation to Kathleen Cekanski- Farrand, Code Enforcement Director <br />Kathy Dempsey, Building Department Director Don Fozo, and Area Plan. All members <br />of the Area Plan Commission's staff spent many hours working on this bill. Council <br />Member Coleman also expressed his appreciation to Council Member Slavinskas for <br />his stewardship of this particular bill, and to all involved, and special thanks <br />to the perseverance Area Plan staff. Several persons have had a key interest in <br />developing an alternative to the current zoning. Council Member Coleman made a <br />motion to recommend this to the Council favorably, seconded by Council Member Duda. <br />The motion carried. <br />BILL NO. 49 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY <br />TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH <br />OF E. PLEASANT ST FROM THE EAST RIGHT -OF -WAY LINE OF S. <br />TWENTY - SEVENTH ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST <br />INTERSECTING NORTH -SOUTH ALLEY EAST OF S. TWENTY- SEVENTH ST. <br />FOR A DISTANCE OF APPROXIMATELY 155 FEET AND A WIDTH OF <br />APPROXIMATELY 14 FEET. PART LOCATED IN TWIN CITY REALTY <br />SUBDIVISION OF LOT C IN THE CITY OF SOUTH BEND, INDIANA. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Duda reported <br />that the Public Works and Property Vacation Committee had met on this bill and <br />recommended it to the Council favorable. Mr. Lawrence Prout, the petitioner, made <br />the presentation. He explained that there are problems with persons driving late <br />at night in the alley and that no one else really uses the alley. Mrs. Juanita <br />Muhammad spoke in opposition. She was representing her mother, Maria Vega, 1214 <br />S. 27th Street, next door neighbors of Mr. Prout. She explained that her father <br />must use a wheelchair; and that her family uses the alley regularly to load the <br />wheelchair to transport him to various places. It would be hardship for them not <br />to have access to the alley. For rebuttal, Mr. Prout explained that he had talked <br />to Mrs. Vega; and she did not care if it were vacated. Council Member Duda <br />explained to Mr. Prout that one -half of the alley would go to him and the other <br />half to the Vegas. Council Member Slavinskas suggested that paperwork could be <br />drawn up between the two parties as a solution. The Committee is to be notified, <br />in writing, of the solution. Council Member Washington made a motion to continue <br />this bill to June 13, seconded by Council Member Ladewski. The motion carried. <br />