9827-08 Rezoning 2122 South Bend Ave. - District 4

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ORDINANCE NO. l Z-~ ~© AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILI\1ANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ("Dignan") has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half-quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.8] feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23