HomeMy WebLinkAbout10015-10 Rezoning - 220 S. Taylor St. South Bend, INORDINANCE No. ,oo,s,a
Passed by the Common Council of the City of South Bend, Indiana
June 14,
Attest:
Attest:
Presented by me to the Mayor of the City of Soutli Bend, Indiana
June 15, 20 10
Approved and signed by me
JOHN
dune 15,
20 10
2010
City Clerk
President of Common Council
City Clerk
ORDINANCE NO. ~ ~ ~ ~ - ~ ~ i
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220
S. TAYLOR STREET COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
THE CURRENT ZONING IS MIXED USE. I WISH TO CHANGE IT TO SINGLE FAMILY 2. I
LIVE AT THE HOUSE AND INTEND TO KEEP IT AS MY HOME.
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 LOT OR PARCEL OF LAND 45 %z FEET IN WIDTH FROM NORTH AND SOUTH TAKEN
OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF LOT NUMBERED
THIRTEEN (13) IN BLOCK NUMBERED THREE (3) AS SHOWN ON THE PLAT OF WILLIAM
S. VAIL'S ADDITION TO THE CITY OF SOUTH BEND, RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA
be and the same is hereby established as SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication.
`\
Member of the Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on the ~ S~ day of ~ ~c-~-e ,
2010, at ~ `-l i o'clock ~.m.
City Clerk ~
Approved and signed by me on the _ f ~ f~ day of 2010, at o'clock
.m.
~~
Mayor of the Ci f South Bend, Indiana
r~~ ~..s.rc;t ~~ (n~~,~ - Lc~ CLS .~t~t.~s~-vit,~s..~
REFERRED ~~;~'
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APPi ~ 7 210
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CITY CLE:'Y, `^~ 6~ND, t J.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
18-10 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 220 S. TAYLOR STREET
COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 IN
THE CITY OF SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituted because of spelling errors in the title and legal
description.
Ann Puzzello
Chairperson, Committee of the Whole
Date Filed
Date received by the Area Plan Commission
Application No.
I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to
amend the zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
220 S. TAYLOR STREET
2) Name and address of property owner(s) of the petition site:
JEAN DIBBLE
220 S. TAYLOR STREET
SOUTH BEND, IN 46601
3) Name and address of contingent purchaser(s), if applicable:
Name
Full Address and Phone Number
4) It is desired and requested that this property be rezoned
from; MiJ MIXED USE DISTRICT
to; SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT
5) This rezoning is requested to allow the following use(s):
TO BE USED AS A SINGLE FAMILY RESIDENCE
6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list
of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of
the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the
petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z"
x 11" format.
C.`~~"' /~ - h~ / Signature(s) of All Property owner(s)
(~ or Attorney for all pro e~rty Owner(sl
PETITION PREPARED BY: CONTACT PERSON: (If different)
Name: JEAN DIBBLE
220 S. TAYLOR STREET
SOUTH BEND, IN 46601
574-287-8130
jdibble@nd.edu
~.s=;
~,P;; "L 1 [aid
JOtiFI YC~stae
CITY CLEn~:, ~~. c^,~~i~, i~1,
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
May 19, 2010
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Jean Dibble to zone from MU Mixed Use District to SF2 Single
Family and Two Family District, property located at 220 S. Taylor Street, City of South
Bend - APC# 2553-10
Dear Council Members:
I hereby Certify that the above referenced ordinance of Jean Dibble was legally advertised on
Thursday, May 6, 2010 and that the Area Plan Commission at its public hearing on Tuesday, May
18, 2010 took the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously
carried, .the proposed ordinance of Jean Dibble to zone from MU Mixed Use District
to SF2 Single Family and Two Family District, property located at 220 S.Taylor
Street, City of South Bend is sent to the Common Council with a favorable
recommendation. Several of the structures on this same block have been converted
back to single-family uses. It is appropriate at this time to allow for the existing
structure to continue to be used as asingle-family residence. Such a use is
compatible with the adjacent office, single-family residential, and multi-family
residential uses.
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.
Sincerely,
w.
hn W. Byorni
JWB:jsc
Attachment
CC: Jean Dibble
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Stafff Rer~ort
AP~C # 253-10
®rvner: Jean Dibble
ILocation: 220 S. Taylor Street
,)rurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family
and Two Family District to allow an existing house to continue to be used as asingle-family
residence.
1Land Uses and Zoning:
On site: On site is an existing structure that is currently being used as asingle-family
residence.
North: To the north is an insurance /investment planning office, an attorney's office, and
three single-family residences zoned MU Mixed Use District.
East: To the east is AIDS Ministries, multi-family residential, and asingle-family
residence all zoned MU Mixed Use District.
South: To the south are three single-family residences zoned MU Mixed Use District.
West: To the west is a pazking area zoned IV1U Mixed Use District and asingle-family
residence zoned MF 1 Urban Corridor Multifamily District.
®istrict uses and development standards:
The SF2 Single Family Residential District is established to protect, promote and maintain the
development of single family dwellings and two family dwellings in the urban core of the City of
South Bend as well as to provide for limited public and institutional uses that are compatible with
an urban residential neighborhood. The availability of public facilities (e.g., public water, public
sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development
within this district.
Site plan description:
No site plan is required for rezoning to the SF2 District. An existing structure is located on the
site which is currently being occupied as asingle-family residence.
Zoning and land use history & trends:
Prior to the 2004 update of the City Zoning Ordinance, the entire block was zoned "B"
Residential. The prior use of the existing structure was an attorney's office. In July 2009, the
City Council denied a special exception request to allow this property to be used as a group
residence.
Traffic and transportation considerations:
Taylor Street is two lanes. The site is also adjacent to a north-south and aneast-west alley.
Utilities:
The site will continue to be served with municipal sewer and water.
Additional information: (Agency comments)
Both the City of South Bend Department of Community and Economic Development and the St.
Joseph County Historic Preservation Commission supports this rezoning petition. The City
Engineering Department has no objection.
Jean Dibble
#2553-10
Page 1 of 1
s Criteria (per 1(C 36-7-~-603):
~. Comprehensive Plan:
Policy )Plan:
City Plan South Bend Comprehensive Plan. November 2006.
H 2.6 Encourage homeowners to maintain their homes.
Rezoning to the SF2 District will allow the homeowner to continue to utilize the property
and maintain it as asingle-family residence.
Land ><Jse Plan:
The Future Land Use Plan shows this area as Mixed Use and High Density Residential.
2. Current conditions and character:
The site is occupied by a two-story residential structure with a fenced in rear yard.
3. 1~ost desirable use:
The most desirable use of the property is as asingle-family residence or those permitted uses
within the MU Mixed Use District.
4. Conservation of property values:
The surrounding property values should not be affected.
5. Responsible development and growth:
It is responsible development and growth to allow the existing structure on this site to continue to
be used as asingle-family residence.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that this petition
be sent to the City Council with a favorable recommendation.
Analysis:
Several of the structures on this same block have been converted back to single-family uses. It is
appropriate at this time to allow for the existing structure to continue to be used as asingle-family
residence. Such a use is compatible with the adjacent office, single-family residential, and multi-
family residential uses.
Jean Dibble
#2553-10
Page 2 of 2
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Zoning Key
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~',`' Phone: (574) 245-6583
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PARCELID NAME_1 MAILINGADD MAILINGCIT MAILING
STA MAILIN
GZIP
018-3011-0386 DOERS RONALD A TRUSTEE OF THE RONALD A
DOERS REVOCABLE TRUST
1919 Ridgewood Cr
South Bend
IN
46617
018-3011-0387 DOERS RONALD A TRUSTEE OF THE RONALD A
DOERS REVOCABLE TRUST
1919 Ridgewood Cr
South Bend
IN
46617
018-3047-1831 KELLY JOYCE A 607 W Wayne St South Bend IN 46601
018-3047-1832 GORBITZ ANN & EMORY 223 S Taylor St South Bend IN 46601
018-3048-184101 ST PATRICK CHURCH DIOCESE OF FT WAYNE 309 S Taylor South Bend IN 46601
018-3011-0375 RODRIGUEZ SALVADOR 225 S. William South Bend IN 46601
018-3012-0407 CITY OF SOUTH BEND 227 W Jefferson Blvd ste 1200 South Bend IN 46601
018-3012-0406 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660
018-3012-0408 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660
018-3012-0409 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660
018-3012-042001 CITY OF SOUTH BEND 1200 County City Bldg South Bend IN 46601
018-3011-0378 WACHOVIA BANK NATIONAL ASSOCIATION 3476 Stateview Blvd Fort Mill SC 29715
018-3011-0366 DOERS RONALD A TRUSTEE OF THE RONALD A
DOERS REVOCABLE TRUST
1919 Rich Wood Circle
South Bend
IN
46617
018-3011-0376 REO HOLDINGS 1 LLC 3530 Skyline View Dr Reno NV 89509
018-3011-0367 BROOKS DELBERT C 10980 E Hwy 8 Culver IN 46511
018-3011-0368 DOERS RONALD A TRUSTEE OF THE RONALD A
DOERS REVOCABLE TRUST
1919 Rich Wood Cr
South Bend
IN
46617
018-3047-1825 HOLVOET CHRISTOPHER S 617 W Wayne South Bend IN 46601
018-3047-1826 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601
018-3047-1827 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601
018-3011-0362 DIBBLE JEAN A 220 S. Taylor St South Bend IN 46601
018-3011-0373 AIDS MINISTRIES/AIDS ASSIST OF NORTH
INDIANA INC
Po Box 11582
South Bend
IN
46634
018-3011-0377 ANDERSON FRANK 227 S. Williams St South Bend IN 46601
018-3011-0365 ROY GEORGE & MARY 228 S Taylor South Bend IN 46601
018-3047-1829 KELLY JOYCE A 607 W Wayne South Bend IN 46601
018-3047-1806 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628
018-3011-0364 WATSON DWUAN L 8 MARILYN WATSON P O BOX 11061 South Bend IN 46634
018-3011-0361 WESOLOWSKI DONALD ~ HOLMES WILLIS JT
W/ROS NOT TIC
216 S Taylor
46625
018-3047-1807 AAK PROPERTIES LLC 131 S Taylor South Bend IN 46601
018-3011-0382 W/EROS 212 Willliam St South Bend IN 46601
018-3011-0360 SANFORD JEFFREY L 8~ HALPIN ANDREA E 1203 E WAYNE ST South Bend IN 46615
018-3011-0374 UNGER JOHN & MARION 221 William St South Bend IN 46601
018-3011-0384 AMERICA INC P O Box 11582 South Bend IN 46634
018-3011-0363 HUGHES JAMES K & PENNY D 1918 Southern View South Bend IN 46614
018-3047-1828 BINDER CLIFFORD JOSEPH 607 W Wayne South Bend IN 46601
018-3047-1830 KELLY JOYCE A 607 W Wayne St South Bend IN 46601
018-3011-0359 TOWNSEND MARGARET A 210 S Taylor St South Bend IN 46601
018-3011-0358 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613
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018-3011-0357 EISENHOUR RICHARD % ALAN EISENHOUR 14680 Lincoln Hwy Plymouth IN 46563
018-3011-0369 AIDS MINISTRIES/AIDS ASSIST OF NORTH
INDIANA INC
201 S William St
South Bend
IN
46601
018-3011-0380 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601
018-3010-0329 DOWNEY MARY THERESA & PARCHER MICHAEL
JOSEPH ~
912 Marengo Lane
Nashville
TN
37204
018-3010-032001 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613
018-3010-0320 GUZOWSKI RICHARD A 511 W Jefferson South Bend IN 46601
018-3011-0383 SMITH PATRICIA MCMAHON 2814 Miami St South Bend IN 46614
018-3011-0381 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601
018-3047-1801 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628
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FLOORPLAN
Borrower: Jean A. Dribble File No.: 09-389
Property Address:220 S. l'aylor Street Case No.: 1st F.S.B.Rochester
City: South Bend _ State: In Zip: 46601
Lender: First Federal Savings Bank-Mishawaka
48.0'
116.0'
Loti; ~ 13
Vails Subdivision
ho«s~ _
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South Taylor Street
116.0'
~il~t~ In Ciet~l~'~ ~~oac~
APR - 6 2010
JCH~i YO:~i^vE
CITY CLt:';ii, 4C. Bi'1~7, IN:
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Lcan does not qualify as a "federally related mortgage
loan" under }ZESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower' s obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purnese, Borrower does hereby mortgage, grant and
convey to Lender and Lender's successors and assigns, the following described property located in the
County [Type of Recording Jurisdiction]
Of ST JOSEPH [Name of Recording Jurisdiction]
A LOT OR PARCEL OF LAND 45 1/2 FEET IN WIDTH FROM NORTH AND SOUTH TAKEN
OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF LOT NUMBERED
THIRTEEN (13) IN BLOCK NUMBERED THREE (3) AS SHOWN ON THE PLAT OF
WILLIAM S. VAIL'S ADDITION TO THE CT'~Y OF SOUTH BEND, RECORDED IN THE
OFFICE OF THE RECORDER OF ST JOSEPH (:OUNTY, INDIANA.
~1'C'~ ~1~ r'~b'~~'~ (31r~$IC@
APR - ~ 2010
JC'r'FJ'JCO.i^uE
clrr c~Er; <, cc. ~:~c, IRl.
Parcel ID Number:
("Property Address"):
SOUTH BEND
220 TAYLOR ST
which currently has the address of
[Street]
[City], Indiana 46601 [Zip Code]
TOGETHER WITH all the improvements rtow or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
2 0 0121418 Initials:
t~®6(IN) (0005) Page~3 of 15
Form 3015 1101