05-25-70 Council Committee of the Whole Meeting Minutes

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COMMITTEE OF THE WHOLE MEETING MAY 25, 1970 ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (Intersection of Cleveland Road and Lilac Road) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Douglas Carpenter, member of the Area Plan Commission, said they recommended single- family residential zoning for this tract of land where the Westminster Presbyterian Church congregation has a new church under construction. Councilman Zielinski inquired as to why construction was begun before the zoning was passed. City Attorney replied they were granted a partial permit for beginning construction. Councilman Wise made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council as favorable. Motion.carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (South West Corner of High & Donmoyer Streets) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Laven moved, seconded by Councilman Reinke, that the Ordinance be referred back to the Council with final action being made by the Council to strike this ordinance from the agenda. Motion carried, Chairman Grounds instructed the Clerk to read the letter from the D.& L. Development Company as follows: May 25, 1970 Mr. Robert Laven President, Common Council City of South Bend County City Building South Bend, Indiana 46601 Dear Mr. Laven: With reference to our rezoning request for the property on the Southwest corner of High and Donmoyer Streets, please be advised that we are hereby requesting that this petition be withdrawn from consideration. After due consideration of the remonstrance encountered to date, the unfavorable recommendation of the Area Plan Commission and the obvious problems ahead, including possible litigation, it is felt we can best fulfill our obligation to the Housing Authority by pursuing the development of this property under its present zoning. We appreciate the consideration given to this matter by the Council and we are confident that the Council will continue in its effort to provide adequate housing for all the citizens of South Bend. Sincerely, D & L DEVELOPMENT COMPANY /s/ Nathan Downey President ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1962 - SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Lincoln Way West and Chicago St.) This being the time heretofore set for the Council portion of the public hearing, Councilman Allen read the following petition presented to her by the residents objecting to the zoning of the above tract: "We the undersigned, hereby petition against the rezoning of property located on the Northwest corner of Lincolnway W. and Chicago St. for the purpose of a package liquor store to be erected on this site. Objection to this rezoning is the fact that the Coquillard and St. Johns School and Church are located nearby and the corner of Sheridan Avenue and Lincolnway W. approxi- mately 75 feet west of the above site is a school crossing for these children going and coming from these schools. We the undersigned, also feel that eleven (11) establishments selling alcholic beverages within a one (1) mile radius is enough for any one neighborhood. This is worse than having gasoline stations on every corner. In fact, there are not that many such stations within that radius. The eleven establishments are: M.R. Falcon; Krogers; Mr. Moo; Pink Elephant; Russ's; Thrifty Mart; Brentwood Pharmacy; Moose Lodge; Beacon Bowl; Airport Sky Room; Ardmore Tavern and Taelman's Grocery. Also, American Legion Post 50 is supposedly building next to the M. R. Falcon Club which would make 12 such establishments." Councilman Zielinski also spoke against the zoning, and also said he understood the owner had made a statement that the land may be sold for low -rent housing if the zoning isn't granted. Councilman Szymkowiak spoke on behalf of the petitioners, Donald Konieczny and Sophie Konieczny. He said they will build an attractive building, keep it in good condition and run a family business of a liquor store on one side of the building and a beauty shop on the other side. Councilman Szymkowiak made a motion, seconded by Councilman Laven that the Ordinance go to the Council as favorable. Motion carried.