02-14-56 Council Special Meeting Minutes

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SPECIAL MEETING FEBRUARY 14th, 1956 dominately commercial and that surrounding properties fronting Mishawaka Avenue were zoned commercially. The Commission further found that subject property would be the only residentially zoned area fronting Mishawaka in the vicinity of subject property. It was therefore moved, seconded, and unanimously carried that the petition be favorably recommended to the Common Council. This letter of recommendation has been held pending the submission of the necessary ordinance by petitioners. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff RLH:aed Director Motion by Councilman Glass that the report be accepted and placed on file. Seconded by Councilman Muszynski. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1956 The attached petition of Stanley R. Cope and Company to zone Lots 266 through 268-of D. N. Shively Addition to. Light - Industrial Use District and "E" Height and Area District, said lots facing Williams Street and being im- mediately south of the east -west alley south of and parallel-to Calvert Street, was legally advertised under date of December 23, 1955. The public hearing was held under date of January 5, 1956, and tabled to February 2, 1956, at< which date the Commission, in executive session, considered the petition and remonstrances thereto and took the following action: After due consideration the Commission found that under date of June 4, 1953, one Earl Smith.had petitioned to change subject property to "D" Use District and "E" Height and Area District, at which time the Commission recommended the petition unfavorably. The Commission found that there had been no change in the character and use of property in the Immediate neigh- borhood. The Commission further found that whereby a considerable amount of property in immediate vicinity was now zoned light - industrially, said property, with one exception, was used resides tially. The Commission further found that the granting of the petition would be an unwarranted intrusion into a residential district and further found that vacant land existed in the immediate vicinity which was now zoned light- industrially, and found no need at the present time for additional light - industrial use. It was therefore moved, seconded, and carried that the petition be recommended to the Council unfavorably. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Motion by Councilman Muszyfiski that the report be accepted and placed on file. Seconded by Councilman Carr. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1956 Attached petition of Standard Oil Company of Indiana was legally advertised under date of December 23, 1955, The public hearing was held under date of January 5, 1956. The petition seeks to zone from "B" Residential to "C" Commercial Use District Lot No. 8 and a part of 7 of A. H. Cushing Addition, said lots being located at northeast intersection of Lincolnway West and Blaine Avenue. Under date of February 2, 1956, the Planning Commission, having fully considered the petition and remonstrances thereto, took the following action: After due consideration the Commisiion found that the granting of the petition would result in a clear case of "spot zoning" inasmuch as one small area would derive special benefits which would be denied surrounding property owners, and the granting of the petition would be unconstitutional and void on the general ground that it would not bear a substantial relation to the public health, safety, morals, and general welfare,_and would be out of harmony and in conflict with the comprehensive zoning ordinance of the city. The Commission further found that subject property would be surrounded by residential zoning districts and residential land use, and that commercial zoning districts exist on Lincoln Way West two blocks in either direc- tion from subject property. The Commission further found that the granting of petition would result in the zoning ordim nce being diverted from its true objectives. It was therefore, moved, seconded, and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director- Secretary RLH :aedMotion by Councilman Muszynski that the report be accepted and placed on file. Seconded by Councilman Erler. Motion carried.