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Home My WebLink About8559-94 Zoning - 3020 S Michigan St ORDINANCE No. 8559-94 Passed by the Common Council of the City of South Bend, Indiana_ December 19, 19 94 Attest: "` City Cit Clerk IRENE K. GAMMON Attest: _ .10/.1 (..A.. 10 10 ` i President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 20, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me / —72/ Ig 9 �� Mayor ORDINANCE NO. g52-39 --91/ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND FOR PROPERTY LOCATED AT 3020 SOUTH MICHIGAN 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, State of Indiana: A parcel of land being a part of Lots A and B as the same are shown and designated on the plat of Whitcomb and Keller's Beverly Heights 2nd Addition, the same being recorded in the office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northeast corner of the intersection of the East right-of-way line of Michigan Street with the North right-of-way line of Farneman Street, said beginning point being the Southwest corner of said Lot B in Whitcomb & Keller's Beverly Heights Addition; thence North 05° 31 ' 11" East, along said East right-of-way line of Michigan Street, a distance of 139. 37 feet; thence North 89°58 ' 14" East, a distance of 136.52 feet; thence South 00°01'46" East, a distance of 138.79 feet to a point on said North right-of- way line of Farneman Street; thence North 90°00 ' 00" West, along said North right-of-way line, a distance of 150 feet to the place of beginning. Said hereinabove described tract being Lot 1 as the same is shown on the proposed plat of Polack Minor Subdivision. Commonly known as 3020 South Michigan Street, South Bend, Indiana 46614. Tax Key Nos. 18-7163-5759 and 18-7163-5760. be and the same is hereby established as "0" Office 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. "101 - of the Co Apr ouncil Member of the Common Council Member of the Common Council Member of the Common Council Date Filed Application No. Date received by the Area Plan Commission AMENDED PETITION TO REZONE Frank T. Polack and Justine H. Polack, husband and wife, owners of the real estate located at 3020 South Michigan Street, South Bend, Indiana 46614, approximately at the intersection of Michigan Street and Farneman Avenue, South Bend, Indiana, hereby make application and petition the St. Joseph County Council to amend the Zoning Ordinance from "B" Residential, "A" Height and Area to "0" Office District, "A" Height and Area, for the subject property. In support of this application the property owners submit the following: 1) The property to be rezoned is a vacant and undeveloped lot located at 3020 South Michigan Street, approximately at the intersection of South Michigan Street and Farneman Avenue, in South Bend, Indiana, and more particularly described as follows: A parcel of land being a part of Lots A and B as the same are shown and designated on the plat of Whitcomb and Keller's Beverly Heights 2nd Addition, the same being recorded in the office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northeast corner of the intersection of the East right-of-way line of Michigan Street with the North right-of-way line of Farneman Street, said beginning point being the Southwest corner of said Lot B in Whitcomb & Keller's Beverly Heights Addition; thence North 05° 31 ' 11" East, along said East right-of-way line of Michigan Street, a distance of 139.37 feet; thence North 89°58 ' 14" East, a distance of 136.52 feet; thence South 00°01'46" East, a distance of 138.79 feet to a point on said North right-of- way line of Farneman Street; thence North 90°00 '00" West, along said North right-of-way line, a distance of 150 feet to the place of beginning. Said hereinabove described tract being Lot 1 as the same is shown on the proposed plat of Polack Minor Subdivision. Commonly known as 3020 South Michigan Street, South Bend, Indiana 46614 . Tax Key Nos. 18-7163-5759 and 18-7163-5760. 2) Name and address of property owners of the petition site: Frank T. Polack and Justine H. Polack 1010 South Michigan Street South Bend, IN 46601 Telephone: (219) 233-1813 3) Name and address of contingent purchaser: None 4) It is desired and requested that this property be rezoned from "B" Residential, "A" Height and Area, to "0" Office 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; (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, we 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 plan must be submitted to the Area Plan Commission within one (1) year of the Council 's action. Failure to submit a final site plan within that time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. . 1110 Property Owner, Frank T. Polack operty Owner, ustine H. Polack Submitted by: / /. LoL.4 ames • .Masters (#9074-71) NEMETH, MASTERS & SCHROEDER 307 k .rwest Bank Building West Jefferson Boulevard South Bend, IN 46601 Telephone: (219)234-0121 Attorney for Frank T. Polack and Justine H. Polack F:\CLIENTS\POLACK\REZONE.PET This instrument prepared by James A. Masters (09n74-71 ) NEMETH, MASTERS & SCHROEDER ATTORNEYS AT LAW SUITE 307 NORWEST BANK BUILDING JAMES A. MASTERS 112 WEST JEFFERSON BOULEVARD PETER F.NEMETH REIN SCHROEDER, C.P.A. SOUTH BEND, INDIANA 46601 DEVERE D. GOHEEN TELEPHONE (219) 234-0121 JOSEPH S. DONNELLY MARYELLEN A. BAKER TELEFAX(219)234-3141 OF COUNSEL October 5, 1994 Ms. Ann Puzzello, President South Bend Common Council 4th Floor, County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 HAND DELIVERED RE: Zoning Petition of Frank T. Polack and Justine H. Polack for 3020 South Michigan Street Dear Ms. Puzzello and Members of the Common Council: This letter is addressed to you on behalf of my clients, Frank T. Polack and Justine H. Polack, to request your approval of their zoning petition for the lot located at 3020 South Michigan Street. The lot presently is zoned for "B" Residential use. Mr. and Mrs. Polack propose to rezone the lot as an "0" Office District. Mr. and Mrs. Polack have lived at 1010 South Michigan Street and have maintained the office of Mr. Polack's insurance agency at that location for some twenty years. When Mr. Polack retired in 1988, their daughter, Jocelyn M. Polack, took over the insurance agency and continues to use the office portion of the home for her real estate and insurance agency. Mr. and Mrs. Polack still live in the home and assist their daughter in the business. As you may be aware, the Redevelopment Department recently acquired Mr. and Mrs. Polack's home at 1010 South Michigan Street by condemnation as part of the redevelopment project for the proposed new juvenile detention facility. As a result, Mr. and Mrs. Polack must relocate their home and office. Mr. and Mrs. Polack recently purchased the vacant lot at 3020 South Michigan NEMETH, MASTERS & SCHROEDER ATTORNEYS AT LAW Ms. Ann Puzzello October 5, 1994 Page Two Street for the new location of their home and office. As part of the condemnation decree, Mr. and Mrs. Polack are required to move their house from the 1010 South Michigan Street location by February 28, 1995. They had intended to move the house and have it relocated to the 3020 South Michigan Street site and ready for occupancy by Thanksgiving Day this year. Unfortunately, a complication has arisen which was not foreseen during the negotiations with the Redevelopment Department. The lot at 3020 South Michigan Street is zoned "B" Residential. Mr. and Mrs. Polack's intended use of this property for the real estate and insurance office was permitted under "B" Residential zoning until the enactment of Ordinance No. 8504-94 on May 23, 1994 which created the "0" Office use district. That ordinance changed Section 21-12 (4) of the Zoning Ordinance so that real estate and insurance offices (among others) are no longer permitted uses in a "B" Residential District. No one who was a party to the negotiations between the Redevelopment Department and Mr. and Mrs. Polack was aware of this zoning change before the transaction was finalized. The former owners of the property at 3020 South Michigan Street from whom Mr. and Mrs. Polack purchased the property also were not given notice of the zoning change. Mr. and Mrs. Polack checked with the Building Commissioner's Office before they accepted the condemnation award from the Redevelopment Department and closed on their purchase of the property at 3020 South Michigan Street and were not informed of the zoning change. In fact, on August 12, before Mr. and Mrs. Polack accepted the final condemnation award from the Redevelopment Department, their architect, who is coordinating the house moving project, went to the Building Commissioner's Office to confirm the zoning for the property at 3020 South Michigan Street. The architect was shown the zoning map to confirm that the site is zoned "B" residential and was shown the text of Section 12-12 (4) of the Zoning Code as it was written before the change under Ordinance No. 8504-94 . Their architect was told that was the most recent version of the Zoning Code. Mr. and Mrs. Polack based their acceptance of the condemnation award and their purchase of the property at 3020 South Michigan Street on the information that the property was properly zoned for their real estate and insurance office. • NEMETH, MASTERS & SCHROEDER ATTORNEYS AT LAW Ms. Ann Puzzello October 5, 1994 Page Three Mr. and Mrs. Polack would not have accepted the condemnation award, would not have agreed to move their home and office, and would not have closed their purchase of the property at 3020 South Michigan Street if they had known at the time that the site is not properly zoned for their use as a real estate and insurance office. All of their plans to move their house and to relocate their office now are in jeopardy unless the rezoning is approved. Mr. and Mrs. Polack own the entire vacant lot bounded by Donmoyer Street to the north, St. Joseph Street to the east, Michigan Street to the west, and Farneman Avenue to the south. The site of the proposed rezoning is the lot shown on the preliminary site plan at the intersection of Michigan Street and Farneman Avenue. We believe that the proposed zoning change for this site to "0" Office is appropriate for this location and the adjacent residential neighborhood. On behalf of Mr. and Mrs. Polack, I ask your favorable action on this zoning petition. Very truly your , A. Masters F:\CLIENTS\POLACK\PUZZELLO.LTR cc: Mr. and Mrs. Polack 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 November 16, 1994 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 Frank T. and Justine H. Polack to zone from "B" Residential, "A" Height and Area to "0" Office, property located at 3020 South Michigan Street, City of South Bend - APC #1634-94 Dear Council Members: The above referenced ordinance and site development plan of Frank T. and Justine H. Polack was legally advertised November 3, 1994. The Area Plan Commission at its public hearing on November 15, 1994, took the following action: Upon a motion by Joseph Serge, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Frank T. and Justine H. Polack to zone from "B" Residential, "A" Height and Area to "0" Office, property located at 3020 South Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. The proposed office would act as a buffer between the commercially zoned areas to the north and the residential area to the south of the subject property. With appropriate screening, this meets the intent of the "0" Office zoning district. The parking areas will be effectively screened from the adjacent residentially zoned properties. In the Commission's opinion, the proposed rezoning will stabilize a corner that has been under pressure for commercial zoning. 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. Sin -rely, / // -obe t . Sante ' RWS:sr Attachment CC: Frank T. and Justine H. Polack CC: James A. Masters Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT November 7, 1994 Frank T. and Justine H. Polack 1634-94 Location: 3020 South Michigan Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "0" Office to allow a residence and a professional and business office. EXISTING LAND USE: The property is presently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is an offic building zoned "C-1" Commercial; to the east is vacant land zoned "B" Residential; to the south are single family residences zoned "A" and "B" Residential; and to the west are single family residences zoned "B" Residential. ACCESS: Access to the site is from Farneman 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 19,893 square feet. Of that, the buildings will occupy 2,219 square feet, or 11 percent of the site; the parking and drives will occupy 2,455 square feet, or 12 percent of the site; and 15,219 square feet or 77 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 final. AGENCY COMMENTS: t' ,_.— ` -----'---.-. 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