11177-25 Amending the Zoning Ordinance for Property Located at 4022 Old Cleveland Road

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BILL NO. 03-25 ORDINANCE NO. 11177-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A USE VARIANCE FOR PROPERTY LOCATED AT 4022 OLD CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from I Industrial District to S2 Suburban Neighborhood 2 District Petitioners desire to rezone the property from I Industrial District to S2 Suburban Neighborhood 2 District and seek a Use Variance for a Group Residence Use. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: Part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, described as follows: Beginning at a point 10 rods West of the Northeast corner of the Northwest Quarter of said Section 28; running thence West along the North line of the Northwest Quarter of said Section 28, a distance of 30 rods; thence South 106 2/3 rods; thence East 30 rods; thence North 106 2/3 rods to the place of beginning. EXCEPTING THEREFROM: A parcel of land being a part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Commencing at the Northeast corner of the Northwest Quarter of said Section 28; thence South 89°53'05"West along the North line of said Section 28, a distance of 165.00 feet; thence South 00°02'57" West, 1335.29 feet to the point of beginning for this description; thence continuing South 00°02'57"West, 445.00 feet to the North line of Airport Industrial Park, Phase III; thence South 89°44'25" West along said North line of Airport Industrial Park, Phase III, 495.97 feet; thence North 00°04'49" East, 445.00 feet; thence North 89°44'25"East, parallel with said North line of Airport Industrial Park, Phase III, 495.73 feet to the place of beginning. Commonly known as 4022 Old Cleveland Rd. 025-1010-0380 be and the same is herby established as S2 Suburban Neighborhood 2 SECTION II. That a Use Variance for a Group Residence is herby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, by the Advisory Plan Commission. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein;