02-27-56 Council Meeting Minutes

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1127 REGULAR MEETING REPORT OF CITY PLAN COMMISSION ( continued) FEBRUARY 27th, 1956 After due consideration the Commission 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 the granting of. petition would result in the zoning ordinance 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 RLH :aed Robert L. Huff Director- Secretary ORDINANCE AN ORDINANCE AMENDING ORDINANCE 43702 ADOPTED BY THE COMMON COUMIL ON THE 13th DAY OF JUNE, 1949. (Lot 8 and part of Lot 7 A.H.Cushing Add.) The ordinance was given first reading by title and second reading in full. Councilman Glass recommended that the entire block rather than the portions set out in the ordinance be considered for rezoning as commercial. Motion was made by Councilman Glass to rezone the entire block as commercial. Seconded by Councilman Muszynski. Motion carried. Motion was made by Councilman Carr to refer the ordinance back to the City Plan Commission for.reconsideration of the ordinance to cover the entire block for rezoning. Motion seconded by Councilman Kroll. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO 2243 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AND MORE PARTICULARLY REPEALING SECTION 37a AND ANY AMENDMENTS THERETO KNOWN AS THE SECTION ESTABLISHING FEES FOR BUILDING PERMITS, AND ENACTING IN LIEU THEREOF A NEW SECTION 37a ON THE SAME SUBJECT, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. ne ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the ordinance be referred to the Ordinance Committee for further study. Motion was seconded by Councilman Christman. Motion carried. ORDINANCE NO..40_7�9 AN ORDINANCE AMENDING ORDINANCE NO. 2243 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AND MORE PARTICULARLY SECTION 33 OF THAT CODE ENTITLED: "MINOR INTERIOR REPAIRS, PERMITS NOT NECESSARY." The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote'of 8 ayes - 0 nays, 1 absent. -Ordinance was given third reading and passed by a roil call vote of 8 ayes - o nays, 1 absent (Councilman Hahn). RESOLUTION WHEREAS, The Common Council on 14 February, 1956, rejected the recommendation of the City Planning Commission in the matter of the petition of Herman Light to zone approximately 35 acres on East Jefferson Boulevard to "C -2" Use District, and WHEREAS, Chapter 174, Acts of 1947, require that the Common Council return to the City Planning Commission the above proposed amendment with a written statement of the reasons for said rejection, NOW, THEREFORE, BE IT RESOLVED, That the reasons for rejection of said amendment are as follows: 1. It has not been proved to the entire satisfaction of the Common Council that the proposed amendment bears a substantial relationship to the health, morals, and welfare of the City of South Bend. Councilman Carr made a motion that the resolution be adopted. Seconded by Councilman Muszynski. Motion carried, by a roll call vote of 8 ayes - 0 nays, 1 absent (Councilman Hahn). OLD BUSINESS Councilman Glass asked for publicity on the program for removal of flasher lights. NEW BUSINESS Councilman Tellson made a motion ;that the Board of Public Works and Safety request the Police Department to make an investigation of speeding trucks on West Ewing Avenue, and upon completion of the investigation, to make a report to the Council at the neat meeting. Motion was seconded by Councilman Muszynski. Motion carried. Councilman Erler asked that the above motion be amended to include Altgeld Street in the above investigation. Motion was seconded by Councilman Glass. Motion carried.