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REGULAR. MEETING AUGUST 14 1967
<br />Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Police Classroom
<br />at the Municipal Services Facility, on Monday, August 14, 1967 at 8 :31 P.M., with all members present.
<br />The meeting was called to order by President John L. Hunter., Jr., who presided.
<br />ROLL CALL
<br />PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib,
<br />Szymkowiak, Laven, Smith and Muszynski
<br />ABSENT: None
<br />REPORT OF COMMITTEE ON MINUTES
<br />To the Common Council of the City of South Bend:
<br />Your Committee on the inspection and supervision of the minutes would respectfully report that they have
<br />examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend
<br />that the same be approved.
<br />/s/ John L. Hunter, Jr.
<br />/s/ Janet S. Allen
<br />/s/ Albert E. Palmer
<br />Meetings of July 24, 1967 and July 31, 1967
<br />There being no objections, the report was accepted as read and placed on file.
<br />REPORT OF CITY CONTROLLER
<br />The Report of the City Controller for the month of July, 1967 was submitted to the Council. The report
<br />was accepted and placed on file.
<br />� I
<br />PETITION
<br />We the undersigned, do hereby respectfully make application and petition the Common Council of the City
<br />of South Bend to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested,
<br />and in support of this application, the following facts are shown:
<br />i
<br />1. The property sought to be rezoned is located between the St. Joseph River and North Shore Drive at
<br />jthe point where the Michigan Central Railroad crosses North Shore Drive.
<br />j 2. The property is owned by Elizabeth A. Toth and Andrew A. Toth, her husband, with an Option to
<br />j purchase to Henry M. Kelly.
<br />3. A legal description of the property is as follows: That part lying Westerly of a line parallel
<br />to and distance 30 feet by rectangular measurement from the center line of the Michigan Central
<br />Railroad Company's track as now located, and lying Northerly of a line extending to the St. Joseph
<br />River, which is perpendicular to the said parallel line at a point 303.5 feet Southerly, measured
<br />along said parallel line, from the South line of East North Shore Drive, of the parcel of land,
<br />conveyed by John R. Foster to the Michigan Air Line Railroad Company by deed dated November 25, 1870,
<br />recorded December 9, 1870, in Deed Record 44 at page 531, and therein described as follows: "a strip
<br />of land sixty (60) feet wide across my land lying on the North side of Moreau Street in the City
<br />of South Bend as the same is now occupied by said Railroad Company. Also all the land lying
<br />between said strip of land and the Niles Road - - commencing at a point on the West side of said
<br />Niles Road, where the North line of Saint Francis Street would strike the West side of said Niles
<br />Road, if carried across said road, including all South of said point lying between said Niles Road
<br />and said Railroad. Also all land lying between the St. Joseph River and said Railroad South of the
<br />North side of the Gully running from the said Railroad down to the said River, " Subject to rights
<br />granted by agreement dated August 24, 1925, between the Michigan Central Railroad Company and City
<br />of South Bend, Indiana, covering a 20" vitrified pipe storm sewer extending from a point in the
<br />Michigan Central Railroad Company's Southerly property line, which point is about 155 feet East
<br />of the Easterly water line of the St. Joseph River in a Southwesterly direction to said St. Joseph
<br />River. And the remaining 25 feet off of the East side of Lot No. 17, entire Lot No. 18, and entire
<br />Lot No. 19 in Studebaker's Leeper Avenue Addition to the City of South Bend, Indiana.
<br />And which is unimproved real estate situate and known as 150 East North Shore Drive, South Bend, Indiana.
<br />4. It is desired and requested that the foregoing property be rezoned:
<br />From:A and B Residential Use and A Height and Area District
<br />To: B Residential Use and F Height and Area District.
<br />5. It is proposed that the property will be put to the following use and the following building will
<br />be constructed:
<br />Henry M. Kelly, the holder of the Option to Purchase, intends to use said real estate for the
<br />construction of a Nursing and Convalescent Home, that will have 100 to 160 beds; the exact size,
<br />depending upon the architect's use of the available space and the availability of mortgage financing
<br />The building will be constructed of masonry, steel and glass. A 100 bed facility is estimated to
<br />cost $600,000.00 and a 160 bed facility to cost $1,000,000.00. The option to purchase is contingent
<br />upon the rezoning being granted.
<br />6. Number of off street parking spaces to be provided will conform to the zoning ordinance of one (1)
<br />car space for every 25 beds and one (1) car space for each employee who is on duty during any eight
<br />(8) hour shift.
<br />7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties;
<br />b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet
<br />of the property sought to be rezoned; c.) site development plan.
<br />We concur -: in this petition:
<br />/s/ Elizabeth A. Toth /s/ Henry M.-Kelly
<br />Isl Andrew A. Toth Signature of Petitioner
<br />Petition prepared by F. Jay Nimtz
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