Zoning - 2813-2705 S Michigan - Laserfiche WebLink

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2. Screening of parking spaces to adjacent resi- dential property 3. Drainage proposal approved by the City Engineer 4. Parking lot entrances approved by the City Engineer was seconded by Roger Parent and unanimously carried, and the petition is favorably recommended to the Common Council subject to these amendments to the site plan being approved by the Area Plan Commission Staff. G. A proposed ordinance and site development plan of Louis and Betty Krueper to zone from "B" Residential to "C" Commercial, property located at the northeast corner of Cleveland Road and Helmen Road, St. Joseph County. Kenneth Fedder, attorney with offices at 300 First Bank Building in South Bend represented petitioners, Mr. and Mrs. Krueper, owners of the property and Robert Berger, who has an option to purchase. Mr. Fedder introduced these people and proceeded with his presentation by explaining Mr. Berger's existing store is being taken for a school and he has correspondence with the school board who indicate a desire that the Area Plan Commission recommend favorably this new location for the Berger Dairy Store. He said they have an alternative plan he wished to have made a part of the record. He also presented a photograph of the store they plan to construct. He noted that in the event the rezoning is not approved there is a good pos- sibility they will lose four employees and if it is approved, gain four employees. Mr. Fedder then presented a petition of 84 signatures of people in favor of the rezoning. He noted there are many advantages to be gained by the rezoning. He said the plan indicated ingress and egress on Cleveland Road but that his client was willing to change the ingress and egress by closing it on Cleveland and having the entrance and exit on Helmen Road only. REMONSTRANCE Mr. Michael Phillips of 53021 Willow Run noted the existing store was there before the zoning ordinance was written but that Mr. Berger knew the store would go when the school was built. He said in light of the land use plan this would not be zoned commercial. He noted the store is a nuisance in an area that is residential and should remain residential. He also said he did not think anyone in the area was in favor of the re- zoning and felt certain the signatures on the petition offered were residents who did not live as close to the store as he did. Then appeared F. J. Nimtz, attorney with offices at 511 W. Colfax who represented Russell Turrell of 52826 Hollyhock Road and the gentlemen who lives at 52632 Hollyhock Road. Mr. Nimtz explained that Mr. Turrell had attempted to rezone a piece of property in this area and was told it would be spot zoning and they request the petition be denied on this basis. Mr. Nimtz noted the store is a nonconforming use and both his clients feel it would be spot zoning and request the petition be ruled unfavorable on this basis. - 10 -