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Home My WebLink About8627-95 Amending Zoning Property Located 1613 West Dunham ,/ ORDINANCE No. 8627-95 Passed by the Common Council of the City of South Bend, Indiana_ October 9, r9 95 1-4.e-.-- e. City Clerk Attest: y IRENE K. GAMMON I Attest. /-2 .�.►si�._- -e-�� President of Common Council if - ✓may Presented by me to the Mayor of the City of South Bend, Indiana— October 10, iq 95 - er "76 City Clerk IRENE K. GAMMON Approved and signed by me r t/ Ig ,S--- o`, e. Mayor • • • ORDINANCE NO g‘ 27,96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 WEST DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Ordinance No. 4990-68, as 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: Lot Numbered Nine(9) as shown on the recorded plat of Harris Addition to the City of South Bend, Indiana, as shown in Book 8, Page 2 in the Office of the Recorder, St. Joseph County, Indiana. Lot Numbered Ten(10) in Harris Addition in the City of South Bend, County of St. Joseph, State of Indiana, as shown in Book 8, Page 2 in the Office of the Recorder, St. Joseph County, Indiana. be and the same is hereby established as C Commercial "E" height and area 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. Mern)- •mmon Council • Date Filed: Application No. Dated Received by the Area Plan Commission: 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 in located at: Commonly known as 1613 West Dunham, South Bend, Indiana 2. Name and address of property owner of the petition site: Casimer L. Kukla and Sophia B. Kukla do Angela Felabom, 52770 Grape Road, Granger, Indiana, 46530, (219)277-5236. 3. Name and address of Contingent purchasers: Guadalupe and Leticia Morin, 729 Pennsylvania, South Bend, Indiana, 46601, (219)289-9915. 4. It is desired and requested that this property be rezoned: from B Residential, "A" Height and Area to C Commercial, "E" Height and Area 5. This rezoning is requested to allow the following use: grocery store and residence. The property owner and contingent purchaser shall be requesting a special use exception for the residence in a "C" Commercial district. 6. Attached is a copy of(a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; and (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this Petition, I and any contingent purchaser understand that if the Council approves this Petition to Rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one(1)year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on t submittal of the final site plan may be requested. ,/ _ . Otnmmttter r nrt can the (gamin Qloutuit of the Oritg of*mall igend: Your Committee of the Whole to whom was referred BILL NO. 43-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 WEST DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Cleo Washington, Chairman FREE PRESS PUBLISHING CO. Lot Numbered Nine (9) as shown on the recorded plat of Harris Addition to the City of South Bend, Indiana. Lot Numbered Ten(10) in Harris Addition in the City of South Bend, County of St. Joseph, State of Indiana. • AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 September 20, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Casimer L. and Sophia B. Kukla to zone from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1613 West Dunham Street, City of South Bend - APC #1684-95 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on September 7, 1995. The Area Plan Commission at its public hearing on September 19, 1995, took the following action: Upon a motion by John Leszczynski, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Casimer L. and Sophia B. Kukla to zone from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1613 West Dunham Street, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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, Rich- -: S. Johnson RSJ:sr Attachment CC: Casimer L. and Sophia B. Kukla Guadalupe and Leticia Morin Mitchell Heppenheimer Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • t • • • STAFF REPORT September 11, 1995 Casimer L. and Sophia B. Kukla 1684-95 Location: 1613 West Dunham Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a grocery store and residence. EXISTING LAND USE: The property contains a vacant commercial building, and residences. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "B" Residential; to the east is a single family home zoned "B" Residential; and to the south and west are residences zoned "B" Residential. ACCESS: Access to the site is from Dunham Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 10,480 square feet. Of that, the buildings will occupy 1, 968 square feet, or 18.8 percent of the site; and 8,296 square feet or 79.2 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The proposed residential use for a portion of the building will require a special exception, and is not permitted on the ground floor. The petitioners will be seeking a variance from the requirement of providing off-street parking. The City Engineer made the following comment: Any missing or damaged sidewalk and curb abutting the property shall be replaced according to city standards. • 0 135 107 ,� 57 32 51 Y 26 I, //�\ 20� / h.— — — — — — Sul _ N I t� (//�\U 3 l/I 1 36 1.08 �; 33. 52 (n 27 / Y D I 44 137 109 84 59 V) 34 53 _ 28 ' ¢ / 138 110 85 60 J 35 0 29 2 R R. 54 '`` 139 111 86 61 = 36„,,,,, 0 55 30 — 140 112 87 62 37 56 Y 31 I°�I FORD • ( ' 1= ad ST . — •15 14 Z `y/ 16 13 (n RR• 20 1$ 1 8117 1 7 ,2 U DLTai I 1 IL M I 11 ¢ -- __ ^.I-3 I 20 9 R``• A l 1 21 22 23 O 1 I 21 8 I I o N,�.�\• PE ON POLAND 23 A REA SSU 24 �,.• 1 a COMMISSIONE14' ,. G��' >t j . `� 17 I BANK OU1lUl 25 28 1� 9 P., 23 22” A 11 „ ' I OF pT.4 5 6 7 8 --1411 jN ; .;; ; i/= OF 1401• A lJ Lt% T g'14K UT m P � E Ci`GN�R P.R`7 8 `s:': ;q: 1, ,z , • 1 s 1 ITAp ITT OF(OOU�O S�NO z 9 30 33 32 •PEN r Bpi N 1 2 it d!Ed 9 99''...... I'ig&0 fig Og 1 ITO 1It` 1 P 99 a. 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