05-14-73 Council Meeting Minutes

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REGULAR MEETING MAY 14, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) in the grant. Councilman Kopczynski asked if Dr. Kromkowski had meant that the Model Cities pro- gram had been a failure, and Dr. Kromkowski definitely answered that it had not been a failure; however, there had been many problems encountered. Council President Nemeth thanked Dr. Kromkowskj for his presentation. 11PETITION TO AMEND ZONING ORDINANCE (4134 LINCOLNWAY WEST) I(We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 4134 Lincolnway West, South Bend, Indiana. 2. The property is owned by Eugene J. McGarvey, Jr. and Keith E. Vial. 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, described as beginning at a point Five Hundred Ninety -seven and Three Tenths (597.3) feet West of the Southeast corner of the Southwest Quarter of Section Thirty -three (33), Township and Range aforesaid, thence West Four Hundred Seventy -two and Two Tenths (472.2) feet, thence North Five Hundred Twenty -nine and Nine Tenths (529.9) feet to the South line of Lincoln Way West or U.S. Highway 20, said line being the South line of a One Hundred (100) foot right - of -way; thence South Sixty -eight (68) degrees, Thirty (30) minutes East along said South line a distance of Three Hundred Seventeen and Fifty -three Hundredths (317.53) feet; thence South a distance of One Hundred Fifty (150) feet; thence Southeasterly parallel to the South line of Lincoln Way West, a distance of One Hundred Ninety -three and Seventeen Hundredths (193.17) feet; thence South One Hundred Eighty -four and Six Tenths (184.6) feet to the place of beginning, excepting therefrom a strip of land Forty (40) feet wide, North and South, taken off the entire length of the South side for right -of -way purposes, said strip of land being the North Half (1/2) of Edison Road, in St. Joseph County, Indiana. Consisting of 3.64 acres. Petitioners seek to rezone all of the above described property except 120 feet in depth on the angle off of the North end of the tract adjacent to and along Lincoln Way West. 120 feet in depth off the North end of the tract is zoned C- Commercial, and the balance of the property is presently zoned B- Residential. 4. It is desired and requested that the foregoing property be rezoned from B- Residential Use and A Height and Area District to C- Commercial Use and E Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential) : A Ponderosa Steak House Restaurant and off street parking. 6. Number of off street parking spaces to be provided: Approximately 116 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. Petition Prepared by: Eugene J. McGarvey, Jr. s/ Eugene J. McGarvey, Jr. 215 West Superior Street Kokomo, Indiana s/ Keith E. Vial 4404 Rosewood Drive Kokomo, Indiana Council President Nemeth indicated that the Council would pass over the petition because the ordinance would be coming up for first reading, at which time the petition and ordinance would be referred to the Area Plan Commission. ORDINANCES, SECOND READING ORDINANCE NO. 5518 -73 AN ORDINANCE APPROPRIATING $51,912.00 IN ACCOUNT NO. 120, "SERVICES PERSONAL ", $3,037.00 IN ACCOUNT NO. 620, "CURRENT OBLIGATIONS ", AND $2,500.00 IN ACCOUNT NO. 726, "PROPERTIES ", FOR A TOTAL APPROPRIATION OF $57,449.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY KNOWN