08-13-73 Council Meeting Minutes

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REGULAR MEETING AUGUST 1 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department o: Public Works, made the presentation for the ordinance. He indicated that the service was very important and was something that should be continued to be provided. He also mentioned that the City of Mishawaka does not provide that type of service, and he felt that it should not be forced into the land -fill operation. He stated that the city does have the capacity and capability to handle the dumpings. He indicated that, during 1972, a total of 18,600,000 pounds of suspended solids (concentrated sewage) was taken care of at the treatment plant. He mentioned that some costs are handled through the Bureau of Sanitation, and the Bureau of Water handles the billings. He talked briefly on the schedule of charges, indicating that the cost would amount to 12G per pound of sewage with a $5.00 lab fee in order to sample the material and a $3.50 office fee to cover the handling of all the paper work. He stated that the city's operation was odor free and the plant was very clean, and also mentioned that there would be other charges to the property owner who desired to have his septic tank cleaned. He concluded by indicating that the facility for the treatment of the sewage had been constructed from funds derived from the taxpayers, and he felt the cost of handling and processing the wastes should be realistic. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE NO. 4990 -68, THE CITY OF TO AS ZONING STREET). AMENDING AND SUPPLEMENTING ORDINANCE CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, FORMERLY REFERRED ORDINANCE NO. 3702 (408 SOUTH 30TH This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Farabaugh, Attorney at Law, 316 Firs- Bank Building, made the presentation for the ordinance. He indicated that he represented the petitioners, Mr. and Mrs. Jerome Sechowski, and the prospective purchaser of the property, Dr. and Mrs. Walter Landis. He briefly outlined Dr. Landis' background and the request for the rezoning. He indicated that the house would remain unchanged; however, the doctor would conduct his practice within the home. He indicated that the total square footage of the house and garage was 2,400 square feet and the size was 60 by 150 square feet. He explained that three cars could be parked along the north side of the house and there would not be a driveway from Jefferson into the three - car parking lot. He indicated that the driveway would be on 30th Street. He stated that the doctor and his nurse would park in the attached garage. He indicated that the parking lot on the north would be paved and would have proper and adequate screening. Mr. Farabaugh presented slides to the Council showing the area in question. He pointed out the various other structures in the vicinity that were presently zoned "B" Residential. He indicated that there were six service or "B" Residential uses in the area, they being the Blackwood Apartments, Park Jefferson Apartments, Crow Chizek Accountants, American Red Cross and the Hickey Funeral Home. He felt traffic would not be increased by the proposed use and indicated that the building would house a single physiciai He presented a petition to the City Clerk signed by seven property owners in the area indicating that they had no objection to the rezoning. He introduced Dr. Walter Landis who indicated that he desired to purchase the property for his office because it was the closest possible location to the Osteopathic Hospital. He indicated that the purchase of the home would only be made if the rezoning was approved. He indicated that the people in the area that he had talked to had no objection to the rezoning, and that their complaints had to do with already existing problems. Ono problem concerned the amount of traffic generated on Jefferson Boulevard because of the entrance and exit to the Park Jefferson Apartments. He stated that this problem had nothing to do with his request for rezoning. Another problem the residents had complained about was that children walkinc along Jefferson cut through the lots because there are no sidewalks. He stated that this, again, was an existing problem and had nothing to do with his request for rezoning. He concluded that some of the neighbors have stated that they are against spot zoning; however, he pointed out that those same people are surrounded on three sides by "B" Residential zoning. Mr. John Condon, 3110 Sunnymede Avenue, indicated that the area in question was a family residen- tial neighborhood. He mentioned that there was spot zoning in the area, but if spot zoning kept coming, in no time the whole area would be commercial. He felt that, if the rezoning ordinance was passed by the Council, more property would be rezoned and the area would become deteriorated. Mr. Elmer Torok, 3118 Sunnymede Avenue, indicated that he was against the rezoning because it was spot zoning. He indicated that the area has been a residential area for many years, and he felt the traffic would be increased because of the doctor's office, and he explained that there was a problem at the present time in getting off 30th Street onto Jefferson Boulevard. He felt that, with the approval of the doctor's office on 30th Street, the area would be opened up for another rezoning and used for additional duplexes. Councilman Serge asked if the request for rezoning had been approved by the Area Plan Commission. It was indicated that the Area Plan Commission had voted against the rezoning. Councilman Szymkowiak asked if three parking spaces would be sufficient for the doctor's office, and Dr. Landis indicated that the minimum spaces was five, and he and his nurse would park in the existing garage. He felt the three spaces to the north of the building would be sufficient because he worked on an appointment basis. He also indicated that some of his patients would be walking from the Osteopathic Hospital. Councilman Szymkowiak asked if Dr. Landis would be residing in the home and Dr. Landis indicated that he would not be using the house for a residence nor would be renting rooms. He indicated that he would be using the whole house for his office. Councilman Kopczynski indicated that he thought some of Dr. Landis' patients would walk to his office and additional parking would.not be needed in that area. He felt that, if things are made convenient to the people in the area, traffic could be eliminated. Councilman Parent indicated that he had driven in the area and had also walked the area on foot and had tried to visualize the home with addition< parking spaces on the north. He expressed sympathy for the doctor's feeling of wanting to be clos( to his hospital, and he felt the seller would be able to sell the house for more because it would be used as a doctor's office. He did not think the parking lot would add anything to the neighbor. hood. He expressed concern about the preservation of neighborhoods and felt the Council should vote against the ordinance. He indicated that he would have to vote against the rezoning. Councilman Miller indicated that the house faced 30th Street which, he felt, made it more residen- tial than if it faced Jefferson Boulevard. He stated that, even though there were "B" Residential buildings in the area, they were strictly "B" Residential. He mentioned that rezonings of this particular kind are difficult for the Council, and he felt the Council should be conservative and not make a change in the zoning because the immediate area showed nothing of that kind of "B" Residential zoning. Council President Nemeth asked about the basis of the recommendation made by