03-12-56 Council Meeting Minutes

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Indiana, (Lots 236, 237 and 238 D. M. Shiveley 1st Addition). The Ordinance was given third reading and lost by a roll call vote of 8 nays - 0 ayes, 1 absent (Councilman Hahn). REPORT OF CITY PLAN COMMISSION: Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 5, 1956 The attached petition of Charles W. Gerhardt, et al, to rezone the 22 lots East of William Street, on the South Side of Marion Street, was legally advertised under date of February 20, 1956. The public hearing was held under date of March 1, 1956, at which time the Commission took the following action: After due consideration, the Commission found that there is a need for additional office space for certain types of professional offices in the general central business area, and that a gradual expansion of said area is necessitated by population growth within the South Bend metropolitan area and to keep pace with an expanding economy. The Commission further found that the approval of the petition would result in the logical expansion of an existing commercial zoning district.. The Commission further found that a certain small and irregular parcel of land would remain in a residential zoning district. It was, therefore, moved, seconded, and carried that the petition be recommended favorably to the Common Council, and that the necessary steps be taken to initiate a petition to zone commercially said irregular land parcel. RbH:aed Very truly yours, CITY PLANNING COMMISSION /s/ ROBERT L. HUFF Robert L. Huff Director- Secretary Motion by Councilman Erler 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: t, The attached petition of Herman N. Light to zone 35 acres of East Jefferson Boulevard to "C -2" Shopping Center District, as returned to the Planning Commission by the Common Council on February 14, 1956, was considered by your Planning Commission on March 1, 1956, on which date the Commission in executive session, haveing reconsidered the petition, took the following action: RESOLVED, THAT the findings adopted by the Commission on January 19, 1956, and the favorable recommendation of the Commission to the Common Council be reaffirmed; that the action of the Council rejecting said petition be disapproved; and that a report of this action be filed with the Common Council. Discussion was then had upon the pending action against the Commissioner brought by Louis E. Mundell wherein it is claimed that on January 19, 1956, the Commission found that the area involved in the Light petition does not meet the requirements of the zoning ordinance. It was the consensus that the findings of the Commission show that said area does meet the requirements of the Zoning Ordinance, but to remove any doubt concerning the find- ings of the Commission it was on motion duly made, seconded, and unanimously carried: RESOLVED, that it was the finding of the Commission on January 19, 1956, and that it is now the finding of the Commission.that the area involved in the Light petition has an ac- ceptable relationship to improved major thoroughfares which possess an adequate cap- acity to carry the additional traffic generated by the commercial district. RLH:aed Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary Motion by Councilman Muszynski that the report be accepted and placed on file. Seconded by Councilman Kroll. Motion carried.. ORDINANCE N0, 4080 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (A part of the Wk of the NE'k, S8, T37N, R3E, now within and a part of South Bend, Indiana, Herman Light Petition) President Korpal asked for a roll call vote on the passage of the Ordinance. There were 4 ayes, Councilmen Korpal, Carr, Kroll and Muszynski; 4 nays, Councilmen Tellson, Christman, Glass and Erler. 1 Absent, Councilman Hahn. According to State Statute, a two- thirds (2/3) negative vote is required for failure to pass. Not having received the required two - thirds (2/3) negative vote, the Ordinance was duly passed. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA" (Gearhardt - -22 lots E. of William St. - -B. Side Marion St.).