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.. Area Plan Commission of St. Joseph County ` ~ 1140 County-City Building ~ ~ . 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 February 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 I~,I i1 N0 3 ~ ~ RE: A proposed ordinance and site development plan of Tom Uzelac to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1329 W. Indiana Avenue, City of South Bend - APC #1820-98 Dear Council Members: The above referenced ordinance and site development plan of Tom Uzelac was legally advertised February 5, 1998. The Area Plan Commission at its public hearing on February 17, 1998, took the following action: Upon a motion by John McNamara, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Tom Uzelac to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1329 W, Indiana Avenue, City of South Bend is sent to the Common Council with an unfavorable recommendation. According to the Rum Village Neighborhood Action Plan, which was created as a guide for future development in this area, the petition site and the area surrounding it are to be set aside for single family homes. In addition, this site was previously rezoned from "D" Light Industrial to "A" Residential, making the property at that time a legal nonconforming use. When nonconforming uses are created through a rezoning action, the intention is that the nonconforming use will eventually cease and that the property will be put to a use that is allowed in the new zoning district. It is the Commission's opinion that this rezoning would constitute a spot zoning, and would be in conflict with the goals of the Rum Village Neighborhood Action Plan, and would not be in character with the surrounding area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, ~~~~~~~~ obe t W. Sante RWS:sr Attachment CC: Tom Uzelac Mitchell R. Heppenheimer -___--.-..._ ~.-__. m_ ..~...,_. ~=i6~~ ~tg ~r~~~` ~3a~s~ FEQ 1 i•w 1~9a LOi;'1ir~J. D'Jy CIiY Ct.rFt`,. `~O. E"t;D, It!. g Serving South Send, LakeviNe, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana