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( )CITY OF SOUTH BEND OFFICE OF THE CLERK
<br /> property,you can build up to the sidewalks edge,and here we are doing a setback,not even against
<br /> public right of way,but against a platted parcel that is owned by the City. It gives me a bit of angst,
<br /> in light of the past couple of years when we sold Blackthorn as a public park,to a private developer.
<br /> If the East Race could also be transferred ownership to a private developer, now we've created a
<br /> situation where now we've created a setback from a neighboring property. It seems uncomfortable
<br /> as opposed to saying we are going to buy an easement from these adjacent property owners and
<br /> we want that land to be available for public access, don't build anything on it. We are saying,hey,
<br /> this deeded parcel along the East Race, we don't want you building within fifteen (15) feet of it.
<br /> Does that mean we could do a zoning amendment and say,hey,we don't want you building fifteen
<br /> (15) feet from the Mayor's house?
<br /> Ms. Smith replied, No, I don't think it does. We have vetted this through multiple legal avenues.
<br /> We've had several attorneys look at this and they are all comfortable. In fact, they think the
<br /> language is almost not strong enough and they think the setbacks should even be greater,based on
<br /> other examples,but I don't think there is any concern here with that. Again, it's not that you can't
<br /> use the property, it's just that there is no building on that area.
<br /> Mr. Corcoran stated, There is that, but I think to Dave's point, one (1) of the things we are also
<br /> doing in the 2020 update is we are creating an open space zone. So, basically parks. Currently
<br /> parks are not zoned parks.They are sometimes zoned SF-One(1),Two(2)or even Light Industrial.
<br /> Then, what happens is when you want to update the Charles Black Center, you have to go through
<br /> a whole series of variances that slow down what everybody recognizes as a park. So, when we
<br /> adopt the new zoning standard for parks, we intended to either zone the East Race as a park or
<br /> we've even contemplated dedicating the East Race. It would then be like a street.
<br /> Committeemember Matthews replied, I think that is a safe way to go. It just causes me angst not
<br /> having that done now when we introduce this language because of the potential precedent of taking
<br /> a parcel and zoning the adjacent parcel to say you can't go near so and so's own house.
<br /> Mr. Corcoran replied, I understand that. One(1) of the things we are also doing, we have over the
<br /> last year, we look at problematic parcels or subdivisions where they were never dedicated. Like,
<br /> there are roads that go over platted parcels in South Bend. The team is picking out the worst ones
<br /> and going out and resurveying and doing all the work. No one will ever see that because it's a lot
<br /> line under, for instance, Chapin Street, that nobody ever knows is there. But that directly affects
<br /> the adjacent land owners, as you just pointed out. This is part of that same thing that we will be
<br /> able to do.
<br /> Committeemember Matthews followed up, Have you reached out to Joe at Corby's about this?
<br /> Mr. Corcoran replied, I called Joe the other day and I have another call scheduled.
<br /> Committeemember Broden stated, I did have a letter from Julia McKenna and I will distribute that
<br /> (which is available in the City Clerk's Office). She was a Climate Champion person who was
<br /> before us. Reading one(1)line, "I strongly urge the Common Council to adopt Substitute Bill No.
<br /> 15-19 today to reaffirm our commitment to sustainability as a community." Progress comes
<br /> through attention to detail and this specifically,the elements and components of this bill,is a detail
<br /> she highly supports. I am requesting this letter be entered into the record of this bill. I appreciate
<br /> the length of, and the graphics of the presentation here. The visuals, I think, help support things
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