01-10-49 Council Meeting Minutes

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II REGULAR MEETING JANUARY 10TH, 1949 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chambers, City Hall, January 10th, 1949 at 8:10 P.M., with all members present. President Erler presided at the meeting. Councilman Glass made a motion to dispense with the reading of the minutes of the previous meeting. Councilman Tellson seconded the motion. Motion carried. PETITION TO THE: Honorable City `Council City of South Bend, state of Indiana Gentlemen: The undersigned petitioners respectfully show that they are the owners of the fee simple title to the following described real estate situate in the City of South Bend, St, Joseph County, State of Indiana, to -wits A lot or parcel of land in the North fraction of the North West quarter of Section Number Eighteen (18), Township Thirty -seven (37) North, Range Three (3) East, now within the City of South Bend, bounded by a line running as follows, viz: Beginning at a point on the South line of Mishawaka Avenue, in said City, which point is the North East corner of Baker and McHenry's Addition to said City, thence running east along the South line of .Mishawaka Avenue, 124 feet, more or less, to the North West corner of the Revised Plat of Oakland Park Addition to the City of South Bend; thence South on the West line of said Oakland Park Addition, a distance of 134 feet; thence West on a line parallel with the South line of Mishawaka Avenue, 124 feet, more or less, to the East line of said Baker and McHenry's Addition; thence Forth 134 feet to the place of beginning. Your petitioners further show that said parcel of real estate is presently zoned in "B" Use District and "A" Height and Area District. The said parcel of real estate is situated on the southerly side of Mishawaka Avenue fronting 124 feet along said avenue and lying midway between Roberts :1venue and Emerson Street. Your petitioners further show such parcel of real estate is the northerly part of a strip of land which has never been platted Into City lots, and that all other properties near or adj*cent to said real estate has been laid out in recorded plats. Your petitioners further show that all other property fronting on Mishawaka Avenue and on both sides of Mishawaka !venue for a distance of more than two blocks either way is zoned as being in "C" or "Commercial" Use district and "D" Height and Area District. Your petitioners further show that they are desirous of selling said proposed parcel of real estate and that the proposed purchaser has indicated to these petitioners that he desires to erect a two story building with professional offices or store building on the first floor and apartments on the second floor, and that such a building could not be constructed under the present zoning classifications on the above described real estate, and that it will be necessary to rezone such property. Your petitioners further show that while there might have been some reason unknown to these petitioners why such property ' hould have been differently classified than the other properties along the same area of 'Mishawaka Avenue that it Is certain there is no present apparent reason why said property should now be differently classified and that these petitioners, the owners of said property, now respectfully pray that said property be .rezoned to "C" Use District and "D" Height and Area District. (Signed) GEORGE E. LEAVER MARTHA. E. WEAVER S TAT E OF INDIANA- ) SS ST. JOSEPH COUNTY ) ft George E. Weaver and Martha E. Weaver, being first duly sworn on oath, say that they are the petitioners in the foregoing petition for rezoning and that they are familiar with the facts herein set out and that the same are true as they verily believe. (Signed) GEORGE E. WEAVER MARTHA E. WEAVER Subscribed and sworn to before me this 10th day of January, 1949. My Com. Exp: 8 -7 -49 Harriet R. Tritle, NOTARY PUBLIC Councilman Korpal :Wade a motion that the petition be referred to the City Plan Commission. Councilman Kemper seconded the motion. Motion carried, ORDI`XJkNCE AN ORDINANCE TO AMEND PARAGRAPH 2 OF SECTION 2 OF ORDINANCE N0. 1749 ENTITLED 'SAN ORDINANCE ADOPTING CERTAIN RULES AND REGULATIONS FOR THE GOVERNMENT OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND ITS MEMBERS ", ADOPTED NOVEMBER 9, 1914, AS AMENDED BY ORDINANCE N0. 3630, ADOPTED BY THE COMON COUNCIL OF MARCH 8, 1948. The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion that the ordinance be referred to the City Attorney for further discussion, and that a report be made to the Council at the next meeting. Councilman Kemper seconded the motion. Motion carried. ORDINANCE --- I - AN ORDINANCE APPROPRIA.TIFG FROM THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOUTH BEND, INDIANA, THE SUM OF FOUR THOUSAND ($4,000.00) DOLLARS TO THE FOLLOWING ACCOUNT OF THE 1949 BUDGET: STREET DEPARTMENT. X -711, PROPERTIES, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion to refer the ordinance to the Committee of the Whole for Public Hearing on January 24th, 19490 at 8:00 P.M. Councilman Korpal seconded the motion. Motion carried.