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Home My WebLink About8501-94 Zoning - 910 Bruce St ORDINANCE No. 8501-94 Passed by the Common Council of the City of South Bend, Indiana May 23, �9 94 Attest: City Clerk IRENE K. GAMMON Attest:ILIA / i L4 1I1 .:/! President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana— May 24, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me SX2 Mayor • • • AMENDED ORDINANCE NO. g5-001- ?3( AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 910 Bruce 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 lot or parcel of land 51 feet in width, East and West, taken off of and from the entire width of the West end of Lot Numbered Three (3) as shown on the recorded Plat of Kemble's Addition to the Town of Myler, now a part of City of South Bend, in St. Joseph County, Indiana. be and the same is hereby established as C-Commercial and F-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. M rnber of the Co /o/Council • • • AMENDED PETITION 4577- Date Filed Application No. ry Date received by the Area Plan Commission The undersigned makes 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: 910 Bruce Street South Bend, IN 46613 2) Name and address of property owners of the petition site: Zahoran Funeral Home, Inc. 1826 South Kemble South Bend, IN 46613 Telephone: (219) 287-7125 3) Name and address of contingent purchaser(s) ,. if applicable: N/A 4) It is desired and requested that this property be rezoned from A-Residential, A-Height and Area to C-Commercial, F-Height and Area 5) This rezoning is requested to allow the following use: For the construction of a one-story garage of 1,920 square feet to house vehicles for Zahoran Funeral Home 6) Attached is a copy of a (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of tie_ 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, 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 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. 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 the submittal of the final site plan may be requested. ZAHORAN FUNERAL HOME, INC. Petitioner By ��% ` 1 4)Lv Richard W. Morgan Barnes & Thornburg 600 1st Source Bank Center 100 North Michigan Street South Bend, IN 46601 Telephone: (219) 233-1171 Attorney for Petitioner • Petition Prepared by: Richard W. Morgan Barnes & Thornburg 600 1st Source Bank Center 100 North Michigan Street South Bend, IN 46601 Telephone: (219) 233-1171 LEGAL DESCRIPTION Property Located at 910 Bruce Street South Bend, Indiana Zahoran Funeral Home, Inc. Rezoning A lot or parcel of land 51 feet in width, East and West, taken off of and from the entire width of the West end of Lot Numbered Three (3) as shown on the recorded Plat of Kemble's Addition to the Town of Myler, now a part of City of South Bend, in St. Joseph County, Indiana. Qtnmmlttn loud can the Munn n &until of tie MIR of$nuts Rend: of the Whole Your Committee to whom was referred BILL NO. 19-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 910 BRUCE 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. Roland Kelly Chairman - 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 SQ1S: April 20, 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 Zahoran Funeral Home, Inc. to zone from "A" Residential, "A" Height and Area to "C" Commercial, "F" Height and Area, property located at 910 Bruce Street, City of South Bend - APC #1591-94 Dear Council Members: The above referenced ordinance and site development plan of Zahoran Funeral Home, Inc. was legally advertised on April 7, 1994. The Area Plan Commission at its public hearing on April 19, 1994, took the following action: Upon a motion by Charles Landesman, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance and site development plan of Zahoran Funeral Home, Inc. to zone from "A" Residential, "A" Height and Area to "C" Commercial, "F" Height and Area, property located at 910 Bruce Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Commercial zoning exists immediately to the west of this site and the proposed rezoning will not substantially alter the development pattern for the area. PLEASE NOTE that the Ordinance has been amended by the petitioner, showing a Height and Area designation 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, Richard S. Johnson RSJ:sr Attachment CC: Zahoran Funeral Home, Inc. CC: Richard Morgan Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT April 11, 1994 Zahoran Funeral Home, Inc. 1591-94 Location: 910 Bruce Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "F" Height and Area to allow the construction of a garage. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north, east and south are single family homes zoned "A" Residential; and to the west is a funeral home zoned "C" Commercial. ACCESS: Access to the site is from Bruce 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 3,468 square feet. Of that, the buildings will occupy 1,920 square feet, or 55 percent of the site; the parking and drives will occupy 262 square feet, or 8 percent of the site; and 1,286 square feet or 37 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: \ I Z.n• i46 3-64 48 170 145 - �BI�._,� 137 38 39 40 41 49 171 167 146 -�2�- _ 6-1-2-6 ---YO'8-- \ i 36 I 50 172 166 147 -1-23-- -1-2-7- --1-0-7-- 51 173 165 148 _. DUBA I L ST . 19 18 1 Q' 143 1 2 8 ---i-0Cr-- -ME- 20 ,7 750 • 729 J > - — — 21 16 2 Q 17s ¢ 1s1 142 1 MII F (n 176 . 141 130 - 152 22 15 - Cn 3 177 1 6 2 1 4 0 1 31 --7-0#-- - 23 14 + - I 1 78 161 .i�', 139 24 1 3 .1111 - _ 1 3 2 -1-03 LlI� Jl� LJIS 138 133 31 V) 12 aL.11a LII� 80 'G41� Llli 186 - 102 - - 32 J 11 V'LJI� LJI� 1,7 L1! 187 134 ,- `" 33. U` 10 J.LI*� V}� ; U � L:)It 188 135 --t'01--- '-er E■ *- .111:E i L u i c 7 8 9 34 Q 9. _� _� 136 --4414__ - J 36 8 LJ:[! . 1 5'U Llli 3 1 90 - RR. Ra LJ1� 1 54� _�2 1 91 1 37 -- BRUCE �' _99_- 'e ion - • S T . - ® Muia - L-J:i Ra , --9 a-- . RES. a Ti . - 6 L E di I — NATIONAL J E M J" RES. 97 91 GUARD 1�2E ��' 10 9 ARMORY CALVERT ST . e57 46 ® 95 5 f. RES. eYE7i. 4- 1 2 3 4 TOO• 6 0 94 �2 - , RES. RS Rg`_3_- Wal , B51 93 !- - i, - —- 4� �2 92 !�(./O I I - -—5 - 4 4 R 53 91 7r�8 9 1 I 1 1 I ,2 - V iI I U..1 6 i43 54 90 - SHERRILL ST . J < m 7 42 CL 55 89 1 53 ti J J Z --2-- 52 ,� J - W --8 41 Q 56 88 - 3 51 H Q - --4-- Cl Y --9 40 Q 57 87 Q 5 50 v - Z w — 10 - 39 58 86 U 49 y — ---,138 59 85 8 2 — t� 4 7 9 C/ C.) REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA TO: "C" COMMERCIAL, "D" HEIGHT & AREA PETITION AREA I I Aaph„ SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL I I APC #1591-r94 "C" COMMERCIAL I I 1" = 200'