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
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Approved and signed by me //5 ig
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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.
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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.
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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
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30 18
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1 104-81 35 ,0062
14 16 9
11
15 34 63
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I I-AMILY MULTI-FAMILY' - ' e QV- -
SOUTH Petition Area \�,�' ST .
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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