10-24-49 Council Meeting Minutes

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MEETING OCTOBER 24TH, 1949 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, October 24th, 1949, at 8:.10 P.M. with all members present. President Erler presided at the meeting. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Regular Meeting: October 10th, 1949. Councilman Glass made a motion that the report be accepted. carried. PETITION Tor The City Planning Commission City Hall South Bend, Indiana Gentlemen: WALTER 0. ERLER) Committee ALBERT TELLSON ) Councilman Bestle seconded the motion. Motion We, the undersigned, Albert E. Tellson and Gladys Tellson, are the owners of the dwelling located at 1201 Diamond Avenue in °the City of South Bend, Indiana.• We would like•to make a dual dwelling out of said home and request the same be changed from "A" Residential District and *A" Height and Area to "A -l't Residential District and "A" Height and Area. (Signed) ALBERT Be TELLSON GLADYS TELLSON Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Kemper seconded the motion. Motion carried. PETITION STATE OF INDIANA } SS. CITY OF SOUTH BEND ) IN THE MATTER OF THE 'REZONING OF PART OF AN AREA BOUNDED BY ELWOOD AVENUE, PORTAGE AVENUE, NEW YORK CENTRAL RAILROAD COMPANY RIGBT -OF -WAY AND LAND OF DREWRYS LIMITED U S A INC. PORTAGE REALTY CORPORATION alleges: BEFORE THE PLAN COMMISSION 1. `"1t is the owner in fee simple of a tradt containing approximately nine and one -half (9Q) acres, which is bounded on the North by Elwood Avenue, on the Northeast by Portage Avenue, on the Southeast by the New York Central Railroad Companyts right-of-way and on the west by land owned by Drewiys Limited U S A Inc. 2. That part of said area bounded by Elwood Avenue, Portage Avenue, said right-of-way line and a line parallel to the Southwesterly line of Portage Avenue and distant Southwesterly one hundred fifty (150) feet therefrom is presently zoned as "C" Use District and "D't height and Area District. 30 The remainder/6f the area referred to in paragraph 1 is presently zoned "A" Use District and "A" Height and Area District, such particular part being that bounded by a line running as follows: Commencing at a point on the South line of Elwood Avenue, three hundred sixty -three and four tenths (363.4) feet West of the intersection of that line with the Southwesterly line of Portage Avenue; thence East to a point of intersections of the South line of Elwood Avenue with a line parallel to and•distant Southwesterly one hundred fifty (150) feet from said Southwesterly line of Portage Avenue; thence Southeasterly parallel to said Southwesterly line of Portage to the Northwesterly line of the right-of-way of the New York Central Railroad Company; thence Southwesterly along said Northwesterly line of said right -of -way to a point one thousand sixty -three and seven tenths (1063.7) feet from the intersection of the Southwesterly line of Portage Avenue and said Northwesterly line of said right -of -way; thence North one thousand one hundred eighty -four and seventeen hundredths (1184.17) feet to the place of beginning. 4. The area described in para5raph 3 has been for many years and is.now vaoant and is wholly unproductive both to petitioner and to the ity of South Bend. Its best use both from the standpoint of the interests of petitio'Yand of the public is clearly not that comprehended rec ncie 'Lin the present soning classificati of a.A" use District and "A" Height and Area District. 5. Petitioner proposed to develop the- -area referred to in paragraph 3 as a rental housing project with the cooperation and subject to the approval of the Federal Housing Administration. Such administration has already prepared an initial and suggested revised plan, the latter being dated September 27, 1949, and is.now engaged in the preparation of further revisions. 6. Petitioner prpposes to develop said residential area in a manner consistent with the zoning and other ordinances of the City of South Bend but in view of the very substantial cost of engineering and architectural fees involved Whe preparation of a formal plat intends to defer such preparation to a time subsequent to the rezoning of said residential area as "B" Use District and "B" Height and Area District. 7. Petitioner has already employed a registered and competent engineer to make preliminary study and a topographical survey for use in the further laying out and planning of.sueh development. 8. Petitioner is able and willing to establish a setback line reasonably sufficient for the protection of the development of Elwood. Avenue as an arterial highway.