10-11-76 Council Meeting Minutes

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REGULAR MEETING OCTOBER 11 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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. John Oxian, Vice President of the Historic Preservation Commission,made the presentation for the ordinance. He said the important aspect of this amendment is there have been several interpretations regarding powers of the Commission over prosr_ctive landmarks. This ordinance will specifically state the powers concerning landmarks. He said a similar ordinance had already been passed by the County Council. Council Members Dombrowski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF BENDIX DRIVE AND GREEN STREET) 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. Wilfred Mayette, attorney, made the presenta- tion for the ordinance. He passed out photos of the area showing a view of the site in question. He said the present zoning is "B" residential and "A" residential. He said they were requesting the property he.rezored to "C" commercial. He said he was appearing on behalf of the A.A.A. Credit Union and Thrify Rent -A -Car. He said the property is presently unimproved and very un- sightly. He said it is overgrown with weeds and there is an unimproved alley that runs north and south. He described the surrounding area. He indicated that Area Plan had recommended this favorably. He said they intended to build a 40 x 60' one story structure, and to shield the property from the one residence they will build a 6' redwood fence. He explained the landscaping that would surround the building. Ms. Connie Shelton, 52837 Hasting Rd., asked if this was in violation of the City zoning code. Council Member Horvath indicated it was not in violation. Mr. Chuck VanDeVein, Jr., spoke against the rezoning. He said once this rezoning is passed this business could be changed to repair cars, etc. He presented to the Council a petition againstthe rezoning, he had circulated. Council Member Szymkowiak presented a petition with 92 signatures. He said these people were in favor of preserving the neighborhood. Council Member Szymkowiak mad a motion that this ordinance go to Council unfavorably, seconded by Council Member Dombrowski. T motion carried by a roll call vote of six ayes (Council Members Serge, Szymkowiak, Kopczynski, Adams, Dombrowski, and Parent) and three nays (Council Members Miller, Taylor and Horvath). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE). (1827 IRELAND ROAD) . Since there was no one in the Chambers to make the presentation for this ordinance, Council Pre- sident Parent made a motion to move on to the next item of business, seconded by Council Member Kopczynski. The motion carried. Council Member Taylor made a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:45 p.m., and reconvened at 9:03 p.m. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE). (NORTHWEST CORNER OF MICHIGAN STREET (U.S. 31 SOUTH) AND WALTER STREET) . 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. Rick Morgan, attorney, made the presentation for the ordinance. He said he represented Dr. Elmer Graber who plans to lease this property to Wendy's of Fort Wayne. He said they desired to rezone two pie:.ces of property from A residential to C commercial. He described the properties surround this land and said this was in accordance with the surrounding uses. He indicated there would be one curb cut on Michigan Street. Council Member Kopczynski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1800 BLOCK OF SOUTH IRONWOOD DR., FROM RANDOLPH ST., SOUTH TO A POINT 35 FEET NORTH OF CALVERT ST.). This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Ms. Judy Struder, of the Area Plan Commission, presented an amended ordinance to the Clerk and the Council. Council Member Miller made a motion this ordinance be amended as presented to the Clerk and the Council, seconded by Council Member Kopczynski. The motion carried. Council President Parent made the presentation for the ordinance He said he had been contacted by the neighborhood to initiate this ordinance. He said that to- gether with Council Member Serge, he had requested Area Plan work with the Association in the preparation of the ordinance. He said he was pleased to support this ordinance. Mr. Richard Ludwick, 735 Park Avenue, spoke regarding the Fassnachts who recently celebrated their 65th wed- ding anniversary and lived at 607 Park Avenue all their married life. Mr. Brian Crumlish, 1091 Riverside Dr., representative of the Near Northwest Homeowners Association, spoke in favor of this ordinance and the objectives. Mrs. Jane Swan, 2022 Swygart, spoke in favor of the ordi- nance and the betterment of neighborhoods. Mayor Peter J. Nemeth spoke in favor of the ordinance and indicated the City wants to do everything they can to protect our neighborhoods. Council Member Kopczynski indicated he thought PANA should be commended for this ordinance and they should go one stop further and make sure the ordinance is enforced. Council Member Taylor com- mended PANA for theirsplen.did, organization. Council Member Serge made a motion this ordinance be recommended to the Council favorably, as amended, seconded by Council Member Parent. The motion carried.