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HomeMy WebLinkAbout8577-95 Zoning - Property located 128 E South St fi ORDINANCE No. 8577-95 Passed by the Common Council of the City of South Bend, Indiana. February 13, rq 95 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ February 14, 95 19 City Clerk IRENE K. GAMMON s Approved and signed by me //5 ig 6Y- ", - ` , Mayor ei c4 ORDINANCE NO. 8577- 95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 128 E. South Street, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I . 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, Indiana: That part of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as : Beginning at the Northeast corner of Lot Number 17 of the recorded Plat of "Taylor' s Field Addition" as shown in Plat Book # 6, on page #49 in the records of the St . Joseph County, Indiana Recorder' s Office; thence S. 00°-00' -00" W. Along the West right-of- way line of St. Joseph' s Street, 77 .50 ft . , thence N. 90 ° -00' -00" W. , 45 . 00 Ft . ; thence N. 00° -00' -00" E. , 77 .50 ft . to the South right-of-way line of South Street; thence S . 90°-00' -00" E. along said South line, 45 . 00 ft . to the point of beginning. Containing 0 . 0801 acres . be and the same is hereby established as "B" Residential, "F" Height and Area. SECTION II . This ordinance shall be in full force and effect from and after its passage by the common council, approved by the major and legal publication. .t. 7 - •= of the `I,on Council C:Jeltz2 Oliim tttttru Smart Mu the &rauwn Qiounril of tip faith of$nntll drub: Your Committee of the Whole to whom was referred BILL NO. 105-94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 128 E. SOUTH STREET, 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 otteVis PUBLISHING CO. Date Filed Application No. Date received by the Area Plan Commission I 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: 128 E. South Street South Bend, IN 46601 2) Name and address of property owner of the petition site is: Precious T. Jeltz 608 E. South Street South Bend, IN 46601 3) Names and addresses of the contingent purchasers of this property: None 4) It is desired and requested that this property be rezoned from "C" Commercial, "F" Height and Area to "B" Residential, "F" Height and Area 5) This rezoning is requested to allow the following use: The petitioner desires to rehabilitate the existing structure as a multiple family dwelling unit. 6) Attached is a copy of (a) legal description of the property; (b) a list of the names and addresses of all property owners within 300 feet of the petition property; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I 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 (1) 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 Petition property to revert to the initial zoning classification . Under certain conditions, a time extension of the submittal of the al site plan maybe requested. (,t/ 714(ye By PAUL T. CHOLIS, Attorney for PRECIOUS T. JELTZ, Petitioner PETITION PREPARED BY: CONTACT PERSON: PAUL T. CHOLIS #3217-71 PAUL T. CHOLIS, #3217-71 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 January 18, 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 Precious T. Jeltz to zone from "C" Commercial, "D" Height and Area to "B" Residential, "D" Height and Area, property located at 128 E. South Street, City of South Bend - APC #1645-94 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on December 8, 1994. The Area Plan Commission at its public hearing on January 17, 1995, took the following action: Upon a motion by Steve Cooreman, being seconded by Bruce Huntington and unanimously carried, the proposed ordinance and site development plan of Precious T. Jeltz to zone from "C" Commercial, "D" Height and Area to "B" Residential, 'D" Height and Area, property located at 128 E. South Street, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. The subject property currently contains a residential structure an i the proposed rezoning would be in keeping with the existing residential zoning to the east and north. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearmg, 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, Richard S. ohnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT December 12, 1994 Precious T. Jeltz 1645-94 Location: 128 E. South Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "F" Height and Area to "B" Residential, "F" Height and Area for the purpose of using the existing house for a single family residence. EXISTING LAND USE: The property contains a single family residence. SURROUNDING LAND USE AND ZONING: Located to the north is a multi-family structure zoned "B" Residential; to the east is a church zoned "B" Residential; and to the south and west are commercial structures zoned "C" Commercial. ACCESS: Access to the site is from St. Joseph Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 3, 488 square feet. There will be no change to the existing building or parking coverage of the property. 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 final. AGENCY COMMENTS: 29 1 17 i 11 -N ':- I C 30 18 I MONROE ST . I 40 9 57 I 1 I I 31 1 19 7 I X11-- - - rg- -7 I 6 5 4 v) —I - - 39 58 - - - � mo-- 32 - - 20 - - 8 {- 36 1 59 I-- I I 8 1 1 _ _ 1 O) Cn 33 21 12 37 60 -- - 34 - - 22 t0 PM El-. 1 104-81 35 ,0062 14 16 9 11 15 34 63 24I - 2 .� K Hr - - - - 1 II I — 1■ , _J I I-AMILY MULTI-FAMILY' - ' e QV- - SOUTH Petition Area \�,�' ST . 1 3 1 1 J I '2 I 1 �.i. 17 4 •2 1 I 65 b I i1 • ERC1AL I I i n L — I I I 1 66 — — *� — — _ — ? — - — n I —DENNlSI4�! &IFELLgWS I�DD. 19 9 • 3 I 6 7 213 I I 12 3 20 9 68 B-- - --! \ 0 RES. 11 _ 20 11&111111 28 69 -72i 3 4 I. APC 7 52-81 19 - 22 27 ZO 7)D4-81 70 S,6 130 5 5 V) 23 I I DC L`� 26 T11-1-1 - ,7818 14 MN-----Ti------- 215 i i I72I I 16I 115 BRONSON J 1 1 66 J 7 ç4AY8tOA2nELD 1 - I O— Z CC CC 17 8 Q R ND ADD. - - - - - 0 q� Bo Q ,6 - - 9 - - _ �� D U 0, _ _ _ _ _ 0 __,, ___ __ ,_ _ _ 77 0 i 76 MO 2 E.2 3 _ _ I REZONING FROM: "C" COMMERCIAL, "F" HEIGHT & AREA TO: "B" RESIDENTIAL, "F" HEIGHT & AREA PETITION AREA F:"??":':.""""":1 SOUTH BEND ZONING "B" RESIDENTIAL I I APC #1645-94 "C" COMMERCIAL I I "D" LIGHT INDUSTRIAL I 1 0 100 200 "E" HEAVY INDUSTRIAL I 1 I'Llimilim r..r Graphic Scale