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AREA PLAN COMMISSION <br />OF ST. JOSEPH COUNTY, IND. <br />The Honorable Common Council <br />City of South Bend <br />County -City Building <br />South Bend, IN 46601 <br />In Re: Goheen Rezoning Petition <br />Gentlemen: <br />13 f1 <br />RICHARD S. JOHNSON, EXECUTIVE DIRECTOR <br />ROOM 1219 COUNTY -CITY BUILDING <br />227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 <br />(219) 264 -9571 <br />March 20, 1974 <br />In regard to the above captioned rezoning, the Area <br />Plan Commission provides the following statements: <br />1. Rezoning of the area in question contingent <br />upon conditions or temporary zoning is not <br />legally acceptable. Contracts between <br />property owners or between a municipality <br />and a property owner should not enter into <br />the enforcement of zoning regulations. This <br />legal interpretation included in the "Sandenburgh <br />v. Michigamme Oil Co., 249 Mich. 372, 228, N.W. <br />707 1930" decision gives the Plan Commission <br />its basis to make the above statement. <br />2. To place a billboard in the midst of residential <br />dwellings and /or area creates haphazard land use <br />development. It does nothing to retard or <br />correct any blight and provide stability to <br />the neighborhood. <br />3. This use disrupts the residential character <br />of the neighborhood. It is needless to add <br />that the need for sound, stable neighborhoods <br />is paramount. The more we provide stability <br />to residential neighborhoods, the less we <br />need to worry about redeveloping. <br />4. This ordinance has no r, <br />Transportation and Land <br />this neighborhood to be <br />tial professional area. <br />upon privileges granted <br />unified plan. <br />alationship to the <br />Use Plan which shows <br />a high density residen- <br />The rezoning is based <br />without regard for a <br />