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Home My WebLink About36-18 Rezone: 1939 & 1947 Charles Street LAWRENCE P. MAGLIOZZI Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 ( OLIN I-Y-CIFY BUILDING, �011IH BEND, INDIANA 46601 (i74) 2i> August 8, 2018 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 AUG 0 8 2018 KAREEMAH FOWLER RE: 1939 & 1947 Charles Street CITY CLERK,SOUTH BEND,IN APC# 2875-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your September 24th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. n erely, Jord Wyatt Zonin Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H CO U N T Y I N D]A N A.C 0 M/A R E A PLAN Filed in Clerk's Office AUG i0 2018 SUBSTITUE BILL NO. 36-18 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S171 to LB for a parking lot. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: Lots 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION 11. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018,at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana BILL NO.36-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF1 to LB for a parking lot. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: Lots 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1939 and 1947 Charles St South Bend, IN 46637 2) The property Tax Key Number(s) is/are: Filed in Clerk's Office 1939 Charles St: AUG 08 2018 024-1008-0663 024-1008-0664 KAREEMAH FOWLER 1947 Charles St: CITY CLERK,SOUTH BEND, IN 024-1008-0665 3) Legal Descriptions: Lots 20-23 of Pensinger's Subdivison 4) Total Site Area: 1.3 acres 5) Name and address of property owner(s)of the petition site: FTC Properties LLC 1822 South Bend Ave South Bend, IN 46637 (574) 855-5550 bwynen@ftcprop.com Name and address of additional property owners, if applicable: n/a 6) Name and address of contingent purchaser(s), if applicable: n/a Name and address of additional property owners, if applicable: n/a 7) It is desired and requested that this property be rezoned: From: SF Single Family Two Family DistrictSF1 Single Family Two Family District To: LB Local Business District 8) This rezoning is requested to allow the following use(s): Use of the house as a rental property on Charles Street and the backyard area as a parking lot for adjoining businesses. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Please explain how your variance petition addesses this criteria (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. -FILED- CONTACT PERSON: Bryan Wynen 1822 South Bend Ave AUG 012018 South Bend, IN 46637 (574) 855-5549 AREA PLAN CO S I Applicati on# hwynen@ftcprop.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property own or si n ture of Attorney for all property owner(s): r• t,'0,q L�. r N , A. x r `- _ i! o Yt! ; tiffs 14 4,v Ad th v m a°fit wk'k'� �*' # t� +'tv N � %li CO d lI I N C= 0 L_-___ o _ 5 L SLS 5'/; 6L5 `s L o os I ► Q 6 " ° -- Filed nPerk's Office M 00 �� I UG 08 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN