07-26-76 Council Meeting Minutes

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REGULAR MEETING JULY 26, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 26, 1976, at 7:00 Council President Roger O. Parent presiding. The meeting was called to order and the Pledge •to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: Council Member Szymkowiak Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, July 26, 1976, at 7:04 p.m., with eight members present. Chairman Frank Horvat presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (2201 E. JEFFERSON BLVD.) This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Edward Hardig, attorney at law, indicated that the petitioners were withdrawing their request for rezoning, and he would like the Council to withdraw the ordinance. Council Member Miller made a motion to withdraw the ordinance, secon by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4104 S. Miami St.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Edward Hardig, attorney at law, made the presentation for the ordinance. He indicated that this building had been used as a physician's office since 1969. He indicated the petitioner did not intend to do any exterior remodeling, and the building looks like a residence. He indicated the zoning for a physician's office is "B ". He indicated that the doctor was prepared to add eight additional parking spaces in the rear of the building with adequate screening. He said that unless the zoning is changed to "B" the doctor will have to move his practice. He indicated that they presented a petition to Area Plan with 304 signatures of people who wanted the doctor to remain at that location. He asked the Council to allow this to be continued until the August 9, meeting of the Common Council. Council Member Horvath asked if there was anyone in attendance who wished to remonstrate against this ordinance, because of the fact that it was published that this ordinance would be heard at this meeting. There were a few people who indicated they wished to speak. Council Member Dombrowski made a motion to continue with the public hearing, seconded by Council President Parent. The motion carried. Mr. Robert Taylor, 4104 Coral Drive, Councilman Fifth District, said he was speaking tonight as a citizen. He presented a_ petition with over forty signatures of people who live in the neigh - borhood. He indicated that the petition presented in the Area Plan meeting, from the petitioner, had signatures of people not in the neighborhood. He indicated the doctor does not live in the building, and that was the reason it must be rezoned, and he had not lived there for a number of years. He indicated the doctor's office created a traffic problem, and the off - street park - ing was totally inadequate. He indicated that the request for rezoning had been unanimously voted against in the Area Plan meeting. He said he thought the Council should not invade the privacy of a 100 "A" residential neighborhood and let it go to a lesser zoning. He said it was his understanding that the doctor resided on East Jefferson, however, the phone book indicates that he, resides at 4104 Miami. Mr. Norman Ulrick, 4130 Miami, indicated that he did not think anyone ever lived in the doctor's house. He said if the Council allowed this to happen in Broadmoor it will happen in other neigh borhoods. He asked that this zoning be denied.