04-27-71 Council Meeting Minutes

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REGULAR MEETING APRIL 27, 1971 PETITIONS Petition to amend Zoning Ordinance Re: Portage, Maple- Indiana Toll Road r- 5 . ex� This petition was submitted to the Council on the July 28, 1969 agenda and is recorded on Page 213 of this Council Record Book. The developer failed to meet the building deadline and therefore lost the zoning and is requesting the Council to again consider the proposed zoning of the area. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, that the Petition be referred to the Area Plan Commission for study. Their motion was withdrawn. Council- man Craven made a motion, seconded by Councilman Grounds, that this petition be attached to the Ordinance ( #18 on the agenda) on the agenda for First & Second Reading, thereby eliminating the need for fg;gnrring the petition to Area Plan Commission. In the discussion on the motion Council - President recommended that the Clerk send a communication to the Area Plan Commission requesting clarification and correction of the legal description discrepancy. Councilman Craven's motion carried 8 ayes, 0 nays, 1 absent (Councilman Wise). 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 3306 South Fellows Street, South Bend, Indiana. 2. The property is owned by Charles D. Nettrouer and Genevieve B. Nettrouer and is presently under option to Lawrence H. Garatoni. 3. A legal description of the property is as follows: Part of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty - four (24), Township Thirty -seven (37) North, Range Two (2) East, described as begin- ning at a point Nine Hundred Forty -three and Fifty -four Hundredths (943.54) feet South of the Northwest corner of the Northwest Quarter of the Southeast Quarter; running thence East Five Hundred Fifty -seven and Fifty -two Hundredths (557.52) feet; thence South One Hundred Sixty (160) feet; thence West Five Hundred Fifty -seven and'Fifty -two Hundredths (557.52) feet; thence North to the place of beginning, excepting therefrom a tract of land described as beginning at the Northwest corner of the above described parcel, running thence South Eighty (80) feet; thence East One Hundred Ninety (190) feet; thence North Eighty (80) feet; thence West One Hundred Ninety (190) feet to the place of beginning, being located on South Fellows Street, South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "B" Residential Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following build- ings will be constructed: Child Day Care Center. 6. Number of off street parking spaces to be provided: Eleven (11) parking spaces. 7. Attached is a copy of: (a) an existing plot plan showing the property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property sought to be rezoned; (c) site development plan. OPTIONORS: Charles D. Nettrouer Geneieve B. Nettrouer OPTIONEE: Lawrence H. Garatoni By: BINGHAM, LOUGHLIN & MEANS /s/ Patrick J. McNamara, Atty. Attorneys for Petitioners Petition prepared by Bingham, Loughlin & Means Patrick J. McNamara, 402 Lincoln Way East, Mishawaka, Indiana 46544 - Phone: 255 -9616 Councilman Palmer made a motion, seconded by Councilman Zielinski, that the petition be referred to the Area Plan Commission for further study. Motion carried. 8 ayes, 0 nays, 1 absent (Counci man Wise). REPORTS OF THE COMMITTEE OF THE WHOLE _ P Council- President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Allen so moved, seconded by Councilman Palmer. Motion carried unanimously.