06-28-76 Council Meeting Minutes

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REGULAR MEETING JUNE 28, 1976 REGULAR MEETING - RECONVENED "Upon motion by Thomas Allen, being seconded by Daniel Chrzan and unanimously carried, the petition of James and Sharon Wyllie, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 2201 East Jefferson Boulevard, City of South Bend, is returned to the Common Council with an unfavorable recommendation for the following reason: The proposed rezoning would permit a zoning classification which allows a purely business use to encroach into a single family residential area. This would constitute a spot zoning in that the site would receive a special zoning classification which would be different than the zoning classification of the adjoining corner properties. This would also establish precedent for adjoined properties to seek business uses." If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission Staff's Report. Very truly yours, /s/ Richard S. Johnson, Executive Director RSJ:cm cc: James & Sharon Wyllie Edward Hardig Council Member Taylor made a motion to set the appropriate ordinance for second reading and pub• lic hearing on July 26, 1976, seconded by Council Member Serge. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Dr. Donald and Mrs. Ann Kotoske, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 4104 S. Miami Street, City of South Bend. Gentlemen: The attached rezoning petition of Dr. and Mrs. Kotoske was legally advertised June 5 and June 12, 1976. The Area Plan Commission gave it a public hearing on June 15, 1976, at which time the following action was taken: "Upon a motion by June Stratton, being seconded by Rollin Farrand, and un- animously carried, the petition of Dr. Donald and Mrs. Ann Kotoske to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 4104 S. Miami Street, City of South Bend, is returned to the Common Council with an unfavorable recommendation for the following rea- sons: (1) the proposed rezoning would permit a zoning classification which allows a purely business use to encroach into asingle family residential area. This would constitute a spot zoning in that the site would receive a special zoning classification which would be different than the zoning classification of the adjoining properties. The doctor's office has operated in the past under the theory of a home occupation. By granting it a primary use status, the precedent would be established for adjoining properties to seek business uses. In the opinion of the Commission, this could severely undermine the viability of a presently strong single family residential community and could represent the start of a strip business zone. (2) the proposed site plan would utilize Byron Street for its parking ingress and egress. Byron Street functions as a local collector street which, because of its width, becomes constricted when parking occurs along it. Increasing the traffic conflicts by patients utilizing the off - street parking lot or utilizing on- street parking could further constrict Byron Street." If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearings and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. RSJ /cm cc: Dr. Donald Kotoske Edward Hardig, attorney Very truly yours, /s/ Richard S. Johnson, Executive Director Council Member Taylor made a motion to set the appropriate ordinance for second reading and public hearing on July 26, 1976, seconded by Council Member Szymkowiak. The motion carried.