07-08-74 Council Meeting Minutes

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++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ +++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +i REGULAR MEETING JULY 8, 1974 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 8, 1974, at 7:08 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth. ABSENT: Councilman Horvath. ouncilman Kopczynski made a motion that the Council resolve into the Committee of the Whole, seco v Councilman Taylor. 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 8, 1974, at 7:09 p.m., with eight members present and one member absent. Chairman Odell Newburn presided. AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) 3027 McKinley Avenue. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., 645 First Bank Building, indicated that he was the attorney representing the petitioner, Larry Nifong. He referred to an overlay of the property in question and explained that the petitioner was requesting a change in the zoning from "A" Residential to "B" Residential, subject to a final site development plan and no change in the existing structure. He stated that last year, the petition was favorably recommen by the Area Plan Commission to the Council; however, the Council had turned down the petition. Mr. Dunfee indicated that, since that time, McKinley has been widened and would be able to better handl traffic. He stated that, in order to have the real estate office at that location, Mr. Nifong had been living in the home but now had decided he wanted the home to be used strictly for his realtor business. Mr. Dunfee stated that, since Mr. Nifong has been in residence in the area, the area has been.improved greatly and not one resident had approached Mr. Nifong to complain about the usag of the property. Last month, the Area Plan Commission again approved the rezoning and only one remonstrator appeared at the hearing. Mr. Dunfee stated that the property is subject to a use specified site plan and would only be used as a realtor's office. Mr. Edwin Gonter, 534 Preston Drive, requested that the Council not approve the rezoning because of the restrictions placed on the single family residence by the developer. He stated that it was recommended by the Area Plan Commission that this type of zoning be ended on McKinley, and he felt if the property was rezoned, it would constitute spot zoning. He indicated that the Common Council had turned down the rezoning of property on the opposite side of the street. He stated that the doctor's office that had been approved in the area did not follow the site plan and there was a problem with parking and, snow removal. Councilipn Parent asked about the size of the parking area on the property at the present time, and Mr. Dunfee stated that there were three to four parking spaces. He stated that the site development plan indicated that a paving operation would be con - ducted and the parking would be expanded. He submitted a copy of the site plan to the Council members. Councilman Parent urged the Council to vote against the rezoning. He indicated that it has been stated that McKinley Avenue was not a desirable place for residences because of the amount of traffic, etc. He felt this was not a reason to justify the rezoning. He felt there was an overall community need for residential living in the area. Councilman Szymkowiak wondered about the number of people to be employed. Mr. Dunfee stated that there would be approximately three to five employees. Councilman Szymkowiak wondered if there would be ample parking, and Mr. Dunfee stated that there would not be more than six parking spaces which would be sufficient. He stated that, for this reason, the number of employees to be hired would be limited and the realtor's office would be a small operation. Councilman Szymkowiak felt there would not be enough parking spaces and for this reason he would not vote in favor of the rezoning. Mr. Dunfee reminded the councilmen that the Area Plan Commission had recommended the matter favorably and approved the parking plan as being adequate. Councilman Parent made a motion that the ordinance not be recommended favorably to the Council seconded by Councilman Taylor. Council President Nemeth req csted a roll call vote on the motion. led