01-23-56 Council Meeting Minutes

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REGULAR MEETING JANUARY 23rd, 1956 Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. Communication from Attorney Guy H. McMichael relative to withdrawal of previous lierman-Light petition without prejudice. Councilman Hahn made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. DATTY'TAV Petition of John C. Stith, et al, to rezone from "B" Use District and "B" Height and Area, lots 61 through 68 Kaley's 1st Subdivision and lots 89 through 95 in Kaley's Second Addition. Councilman Erler moved that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. fiction carried. REPORT OF CITY PLAN COMMISSION: Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: January 9, 1956 In the matter of the attached petition of Herman R. Larson, et. al, to zone lots numbered 191 through 196, in- clusive, of Berner Grove Addition from "B" Residential Use District and "B" Height and Area District to "C" Commercial Use District and "D" Height and Area District, said lots facing Mishawaka-Avenue on the north side of the street between 28th and 29th Streets, your Planning Commission found as follows: That subject property was generally surrounded by commercial zoning districts and commercial land use, and that the general trend in vicinity of subject property was clearly towards increasing need for commercial frontage., The ptition and ordinance is favorably recommended after legal advertising and public hearing before the Commission on October 6, 1955. This communication of recommendation has been held pending the submission of the necessary ordinance by the petititioners. Very trVly yours, CITY PLANNING COMMISSION Robert L. Huff Director RLH :aed $Motion by Councilman Hahn that the report be accepted and placed on file. Seconded by Councilman Erler. Motion carried. ORDINANCE: AN ORDINANCE AMENDING ORDINANCE NUMBER 3702, COMMONLY KNOWN AS ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (The North Side of Mishawaka Avenue, between 28t1i and 29th streets, South, Bend, Indiana) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the Ordinance be set for public hearing on February 14th, 1956. Seconded by Councilman Erler. Motion carried. REPORT OF CITY PLAN COMMISSION: Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: January 20, 1956 The attached petition of Herman N. Light to zone 35 acres on East Jefferson Boulevard to "C -2" Planned Shopping Center District was legally advertised ".under date of September 26, 1955, and given public hearing under date of October 6, 1955, and continued to Novik4er 3, 1955. On January .19, 1956. the Commission in executive session, having fully considered the petitition and remonstrances thereto, found as follows: 1. A Shopping center on subject property would be convenient, reasonable, accessible, and would bear a substantial relationship to the general welfare. Public convenience and welfare would be best served. It would not, therefore, be an unreasonable or arbitrary exercise of the police -power of the municipality. 2. The granting of the petition would not single out one lot or a small piece of' property for a use which is inconsistent with the use to which the rest of the area is restricted. The granting of the . pdtition does not, therefore, constitute spot zoning. A line dividing one zoning district from another must obviously be drawn somewhere. 3. Consolidated shopping centers with adequate off- street parking in efficient and convenient retail store groupings are sound when considered in relation to the buying power of the area they are to