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Q.PRIL 23rd, 1956
<br />Motion by Councilman Kroll, seconded by Councilman Muszynski, that the report be accepted and placed on file.
<br />Motion carried.
<br />ORDINANCE NO. 4081
<br />AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS
<br />"THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA"
<br />(Lots 7, 8, and the east 33 feet of lot 6 in Henrick and
<br />Grant Addition, as per petition of Charles H. Gerhardt,
<br />et al).
<br />The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn
<br />and Erler).
<br />ORDINANCE NO. 4082
<br />AN ORDINANCE AMENDING ORDINANCE NO. 2243 COMMONLY KNOWN AS THE
<br />BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AND MORE
<br />PARTICULARLY REPEALING SECTION 37a AND ANY AMENDMENTS THERETO,
<br />KNOWN AS THE SECTION ESTABLISHING FEES FOR BUILDING PERMITS,
<br />AND ENACTING IN LIEU THEREOF A NEW SECTION 37a ON THE SAME
<br />SUBJECT, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
<br />The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn
<br />abd Erler).
<br />ORDINANCE NO. 4083
<br />T AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $1602.00 TO
<br />SEWER DEPARTMENT J -726 OTHER EQUIPMENT $1602.00. ALL OF THE
<br />BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956,
<br />AND DECLARING AN EXTRA - ORDINARY EMERGENCY.
<br />The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn
<br />and Erler).
<br />REPORT OF CITY PLAN COMMISSION
<br />The Honorable Common Council
<br />City of South Bend
<br />South Bend, Indiana
<br />Gentlemen:
<br />The ordinance initiated by the City Planning Commission to zone Lots 67 and 1 of Henricks' and Grant's Addition,
<br />located generally at 317 and 321 Lincolnway West, to "D" Light - Industrial Use District and "F" Height and Area
<br />District, was legally advertised on March 26, 1956. At a public hearing under date of April 5, 1956, the following
<br />action was taken:
<br />The .Secretary of -the Planning Commission explained that the front three- quarters of subject lots were now zoned
<br />"D" fight- Industrial and "F" Height and Area, but that the rear one - quarter was zoned residentially, and that the
<br />adoption of the ordinance would put the entire area of subject lots into Light - Industrial Use.
<br />It was therefore moved, seconded, and carried that the ordinance be recommended favorably to the Common Council.
<br />Very truly yours,
<br />CITY PLANNING COMMISSION
<br />/s/ ROBERT L. HUFF
<br />RLH :aed Director - Secretary
<br />Motion by Councilman Kroll that the report be accepted and placed on file. Seconded by Councilman Glass. Motion
<br />carried.
<br />REPORT OF CITY PLAN COMMISSION
<br />The Honorable Common .Council
<br />City of South Bend
<br />South Bend, Indiana
<br />Gentlemen:
<br />The ordinance initiated by the City Planning Commission at the suggestion of the Common Council, which concerns the
<br />rezoning from "B" Residential Use District and "B" Height and Area District to "C" Commercial Use District and
<br />"C" Height and Area District, Lots numbered 5 through 8 of A. H. Cushing Addition, being the block surrounded by
<br />Lincolnway West, Blaine, Lindsey, and Allen Streets, was legally advertised on March 26, 1956. At a public hearing
<br />under date of April 5, 1956, the following action was taken:
<br />After due consideration, the Commission found that the adoption of the ordinance would result in a case of "spot
<br />zoning ", it being merely a larger "spot" than Lot 8 and part of 7 of A. H. Cushing Addition, as previously consider-
<br />ed by the Planning Commission.
<br />The Zommission further found that there was lack of need to zone Lot 7 and 8, and therefore there was even less
<br />need to zone the entire block within which Lots 7 and 8 are included. The Commission found that the owners of
<br />property in subject block would derive special benefits which would be denied surrounding property owners, that
<br />the granting of the ordinance would not bear a substantial relation to the public health, safety, morals, and
<br />general welfare and would be out of harmony and in conflict with the Comprehensive Zoning Ordinance of the City of
<br />South Bend,
<br />The Commission further found that the subject property would be entirely surrounded by residential zoning districts
<br />and residential land use, that commercial zoning districts existed on Lincolnway West two blocks in either direction
<br />from subject property. The Commission further found that the granting of petition would result in the.diversion of
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