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REGULAR MEETING - SEPTEMBER 231 1985
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<br />Council Member Zakrzewski. The motion carried. Duane Burrow, of Area Plan, gave
<br />the Staff report. He indicated the Commission had recommended this rezoning
<br />favorable. Jim Masters, attorney, for the petitioner, made the presentation for the
<br />bill. he indicated that in order to bring the property into compliance with the
<br />zoning laws of the City, it was necessary to rezoning this property. He indicated
<br />that Area Plan was requiring that a fence be erected on the back of the property,
<br />which was contrary to the City ordinance that requires a fence if the property is
<br />within 50' of a residential area. He asked the Council to adopt the site plan
<br />without the additional requirements of Area Plan. Council Member Voorde asked the
<br />City Engineer, John Leszczynski about the closing the ingress and egress on Elwood.
<br />Mr. Leszczynski indicated they City did not require the closing of the access on
<br />Elwood. Council Member Voorde asked about the change in drainage to dry wells. Mr.
<br />Leszczynski indicated the City did not require them to build dry wells. He
<br />indicated there are a variety of options that could be done to handle the drainage,
<br />without tearing up the parking lots. Council Member Voorde asked about the
<br />requirement of a fence on the back of the property, since the residential property
<br />would be higher than the fence. Mr. Leszczynski indicated that a fence could create
<br />as many problems as it stops. Council attorney, Kathy Cekanski- Farrand, read the
<br />following amendment to this bill: New Section 2. The Common Council approves said
<br />rezoning subject to a final site plan which: (a) Deletes the condition that there
<br />be no access to Elwood Avenue; (b) Deletes the condition of appropriate screening of
<br />the property on the south side from Sheridan Avenue east to the west end of the
<br />building; and (c) Requires appropriate screening around the outdoor trash bin area,
<br />and requires appropriate screening around the base of the incinerator, or removal of
<br />the incinerator. Present Section 2 becomes Section 3. Council Member Taylor made a
<br />motion to accept these amendments, seconded by Council Member Zakrzewski. The
<br />motion carried. Council Member Voorde made a motion to recommend this bill to the
<br />Council favorable, as amended, seconded by Council Member Zakrzewski. The motion
<br />carried.
<br />BILL NO. 77 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
<br />EDISON AND IVY ROAD 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 Crone made a
<br />motion to accept the substitute bill on file with the City Clerk, seconded by
<br />Council Member Zakrzewski. The motion carried. Duane Burrow, of Area Plan, gave
<br />the Staff report. He indicated the Commission had recommended this zoning
<br />favorable. Kevin Butler, attorney, for the petitioner, made the presentation for
<br />the bill. He indicated this facility would be a bed and breakfast, with 36 units.
<br />He indicated there will be one unit for the manager and spouse. He indicated this
<br />facility will generate a low volume of traffic. He indicated he had a petition
<br />signed by 27 home owners in the immediate area supporting this rezoning. Bill
<br />Casper, 54979 N. Ivy opposed this rezoning because the building would be three
<br />stories high. Herman Krizmanich, 54971 Ivy Road, spoke against this rezoning.
<br />Council Member Beck made a motion to recommend this bill to the Council favorable,
<br />as amended, seconded by Council Member Puzzello. The motion carried.
<br />BILL NO. 79 -85 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE
<br />ENTITLED ZONING, AT SUB - SECTIONS 21 -1 (A) (3.1) AND 21 -172.
<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. Duane Burrow, of Area Plan,
<br />gave the Staff report. He indicated the Commission recommended this change in the
<br />Code favorable. Ann Kolata, Deputy Director, of Redevelopment, made the
<br />presentation for the bill. She indicated when this portion of the Code was
<br />originally written it was designed to limit the number of billboards in the Central
<br />Downtown Renewal Area to the number then in existence. She indicated that in 1981
<br />this was broaden to refer to any redevelopment area, and the subsequent merger and
<br />expansion of the Downtown, East Bank and Monroe Sample areas it was inadvertently
<br />extended to the new South Bend Central Development Area. She indicated this bill
<br />reestablishes a legal description for the area where the number of bill boards will
<br />be limited. Council Member Taylor made a motion to recommend this bill to the
<br />Council favorable, seconded by Council Member Braboy. The motion carried.
<br />BILL NO. 100 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
<br />NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM THE
<br />NORTH RIGHT -OF -WAY LINE OF KING STREET TO THE FIRST INTERSECTING
<br />EAST -WEST ALLEY, FOR A DISTANCE OF 118 FEET (ONE HUNDRED EIGHTEEN
<br />FEET), BOUNDED ON THE WEST OF LOT 7 OF POLI'S FIRST ADDITION, AND
<br />ON THE EAST BY LOT A OF THE VICTORY ADDITION.
<br />Council Member Taylor made a motion to continue public hearing on this bill until
<br />October 14, seconded by Council Member Beck. The motion carried.
<br />BILL NO. 112 -85 A BILL TRANSFERRING $40,00.00 AMONG VARIOUS ACCOUNTS WITHIN THE
<br />DIVISION OF COMMUNITY DEVELOPMENT.
<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. Don Inks, Director of
<br />Community Development, made the presentation for the bill. He indicated
<br />Neighborhood Code Enforcement Demolition is being increased by $25,000, bring the
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