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REGULAR MEETING March 27, 1972 <br />REGULAR MEETING - CONTINUED <br />" March 20, 1972" <br />Mayor Jerry Miller <br />County -City Building <br />South Bend, Indiana <br />Dear Jerry: <br />This is a follow -up letter on the Associates Family Financial <br />Center matter brought to the attention of the City Council at <br />its January 10, 1972 meeting by Miss Fanny Grunwald. In a <br />letter to Mr. Charles Sweeney, City Attorney, I asked that the <br />City Legal Department investigate Miss Grum,�ald's allegations <br />and requested information about any actions they planned to take <br />if it appeared that zoning ordinances were violated. <br />Summarized below are the results of my own cursory study of <br />Miss Grunwald's allegations. <br />1. The Associates Discount Corporation built a three -story <br />building on a parcel of land zoned on the basis of a site <br />development plan which depicted a two -story building. <br />It is relatively common knowledge that if a petitioner <br />wishes to make a substantive change in a site plan, such <br />as the enlargement of a building, he "must file a new <br />petition to rezone subject to the changed, modified or <br />amended site development plan" and that site plan must <br />be submitted to public hearing by the Area Plan Commission <br />and the City Council (Municipal Code Sec. 21 -122). <br />2. To remedy the inadequate parking facilities which resulted <br />from the increased floor space and staff of a three -story <br />va a two -story building, Associates arranged to utilize the <br />parking lot owned by the First Christian Church on the <br />Northeast corner of Jefferson and Eddy Streets. <br />This action appears to be in violation of the South Bend <br />City Code which provides that approval for parking facilities <br />that are located off the lot or parcel on which the building <br />is located, has to be approved by the Board of Zoning Appeals <br />and has to be on a "properly zoned lot not to exceed 500 feet <br />from the main entrance of the building or use being served ". <br />A written agreement of this arrangement must be filed with <br />the application for a building permit. (Municipal Code <br />Sec. ) <br />Jerry, I am asking you to follow up on this matter for the <br />following reasons: <br />1. There seems to be justifiable reason to believe that <br />one or more South Bend municipal ordinances were violated; <br />2. The reasons behind the legal requirements for public hearings <br />in zoning matters such as we are discussing, are to provide <br />for the incorporation of the views and interests of the <br />property owners affected, the representation of community <br />values, and the inclusion of the broad community interest <br />so that the final result will embody the attributes and <br />characteristics deemed desirable by the community. These <br />are very important considerations that should not be taken <br />lightly; <br />3. If there are any legal problems with the present situation, <br />it is to the interest of the Associates Family Financial <br />Center and the parent organization to resolve them now so <br />that desires to change ownership of the property in the <br />future may not be hampered; <br />4. It is in the best interest of all parties concerned that <br />these kinds of matters be handled with dispatch and in a <br />public fashion. <br />Please let me know about your findings and any necessary action <br />before the March 27 Council meeting if that is possible. <br />Thank you. <br />Sincerely, <br />/s/ Roger 0. Parent <br />cc. Mr. Charles Sweeney, City Attorney <br />Miss Fanny Grunwald, 227 S. Frances, South Bend, Indiana <br />11 <br />