03-08-71 Council Meeting Minutes

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REGULAR MEETING MARCH 8, 1971 PETITIONS (Petition to Amend Zoning Ordinance �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 1900 block of South William Street. 2. The property is owned by Frank Palmer, Jr. 3. A legal description of the property is as follows: Lots 272, 273, 274, 275, 276, and 277 and the South one -half of the vacated alley on the North side of Lot 272 in D. A. Shively's Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be restored and returned to its original zoning of "D" Light Industrial use and "E" Height and Area district. It having been changed from the above zoning by "blanket" zoning amendments to the zoning ordinances, being Ordinances 4581 -63 and 4667 -64, said amendments having changed the real estate from the above status to "A" Residential use and "A" Height and Area district, said change having been accomplished without the knowledge of the petitioner, Frank Palmer, Jr. 5. The subject property, together with, Lots 269, 270 and 271 and the North one -half of the vacated alley lying immediately to the South thereof in D. A. Shively's addition to the City of South Bend, were all a part of one tract which was zoned light industrial and was used for a dairy bottling plant until 1963. In February 1969, the owner, Frank Palmer, entered into a land contract sales agreement with Engineered Rubber & Plastics Corp. for the sale of said lots 269, 270 and 271 and the North one -half of the vacated alley. This same Contract Purchaser is now desirous of acquiring subject real estate in order to provide for future growth of its industrial plant. It has no plans for development of the subject real estate at this time. On May 14, 1970 Engineered Rubber & Plastics Corp. entered into a contract to purchase subject real estate. The purchase agreement was conditioned on said real estate being restored to its previous zoning status, "Light Industrial ". The purchaser has joined in this petition for amendment to the zoning ordinance. 6. Petitioners have no plans for development of the subject real estate. 7. Attached is a copy of (a) a sketch showing the property and other surrounding property; (b) names and addresses of all of the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) copy of purchase agreement. /s/ Frank Palmer, Jr. 1011 Donmoyer Street South Bend, Indiana /s/ Edwin E. Hatton, President Engineered Rubber & Plastics Corp. Petition prepared by Russell C. Kuehl 606 Tower Building South Bend, Indiana 46601 Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be referred to the Area Plan Commission for study. Motion carried. 9 ayes, 0 nays.