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HomeMy WebLinkAbout8457-94 Zoning - 1512 W Fisher St • . e c . ORDINANCE No. 8457-94 Passed by the Common Council of the City of South Bend, Indiana. January 24, 19 94 Attest: e_e, 1:-h--fr,,—,,c__,--_,) City Clerk IRENE K. GAMMON // Attest: President of Common Council /, f Presented by me to the Mayor of the City of South Bend, Indiana_ January 25, 94 19 , 11' / City Clerk IRENE K. GAMMON Approved and signed by me 1/25 19,9'k o• _ Mayor • ORDINANCE NO. 8''S,s 7- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED at 1512 W. FISHER 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: Lot Numbered Forty-two (42) in the recorded Plat of Arnold Hines and Wilson' s Subdivision of a part of Bank Out Lots 100 , 101, and 102 in the State Bank' s Second Addition to the City of South Bend, excepting therefrom eight and one tenth (8. 1) feet, east and west, taken off of and from the entire length of the west side thereof. be and the same is hereby established as "A" Residental and "D" 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. Memb r he Common Council E gned only to provide an �o�p�po�Jrtunity ��1//o�,. /p�ubll}-��o the cu��;J or1 `a d Co 3nOi1 go�gion'on to 15S116. i • K • • • Date Filed Application No. Date 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 is located at: 1512 West Fisher Street South Bend, IN 46619 2) Name an address of property owners of the petition site are: Helen Niedbalski, Karen Starzynski and Rey Nied, all c/o of 809 Trailridge, Mishawaka, IN 46544 3) Names and addresses of the contingent purchasers of this property; Kenneth Schroeder Steve Paczesny 56155 Harman Drive 1514 Hampton Court Mishawaka, IN 46545 Mishawaka, IN 46544 255-4553 259-5459 4) It is desired and requested that this property be rezoned from"C" Commercial, "D" Height and Area to "A" Residential, "D" Height and Area 5) This rezoning is requested to allow the following use: The contingent purchasers desire to rehabilitate the existing structure as a single family dwelling unit. 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, we and any contingent purchasers 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 (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, causing 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. / y HELEN NIEDBALSKI, By her A 3"'orney-in-fact KAREN STARZYNSKI N STARZYNSKI PETITION PREPARED BY: REIED LEGAL DESCRIPTION FOR 1512 WEST FISHER STREET, SOUTH BEND, INDIANA Lot Numbered Forty-two (42) in the recorded Plat of Arnold Hines and Wilson' s Subdivision of a part of Bank Out Lots 100 , 101 , and 102 in the State Bank' s Second Addition to the City of South Bend, excepting therefrom eight and one tenth (8. 1) feet, east and west, taken off of and from the entire length of the west side thereof. 1 • • (mn ntttn &port aio the (QmmIwn Ulounrit of t1, Qtin of Snutll Rend; Your Committee of the Whole to whom was referred BILL NO. 95-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. FISHER 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. 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 December 22, 1993 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance of Helen Niedbalski, et al, to zone from "C" Commercial, "D" Height and Area to "A" Residential, "D" Height and Area, property located at 1512 West Fisher Street, City of South Bend - APC #1565-93 Dear Council Members: The above referenced ordinance of Helen Niedbalski, et al was legally advertised on December 9, 1993. The Area Plan Commission at its public hearing on December 21, 1993, took the following action: Upon a motion by Robert MacNaughton, being seconded by Charles Landesman and unanimously carried, the proposed ordinance of Helen Niedbalski, et al, to zone from "C" Commercial, "D" Height and Area to "A" Residential, "D" Height and Area, property located at 1512 West Fisher Street, City of South Bend is sent to the Common Council with a favorable recommendation. Although much of the surrounding area is zoned commercially, the majority of it is being used residentially. In the Commission's opinion, the proposed rezoning is in keeping with the residential character of the surrounding neighborhood. 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: Helen Niedbalski, et al CC: Kenneth Schroeder CC: Paul T. Cholis, Attorney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT December 13, 1993 Helen Niedbalski, et al 1565-93 Location: 1512 West Fisher Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "A" Residential, "D" Height and Area to allow a single family dwelling unit. EXISTING LAND USE: The property contains a vacant building. SURROUNDING LAND USE AND ZONING: Located to the north and east are single family homes zoned "C" Comercial; to the south is an industrial equipment service business zoned "C" Commercial; and to the west are single family homes zoned "C" Commercial and "B" Residential. ACCESS: Access to the site is from Fisher Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: SITE DATA: The total site to be rezoned is 5340 square feet. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: A site plan is not required for rezonings to "A" Residential. AGENCY COMMENTS: . . . , . .. . - . _ - - i 1_11 I 1_11_1 ..- P - ___ 41"i�N I I ITI a ° Y 11111111 N - - -_ , � �' 8n lull IIIII II - - 1 , ®© Y a F ST. ° ST. FORD L, w , I I I i i i I . < _, __ 0 NNuNitE j !! mg i;; 1 11 : ____ ---____ . P O L A 0°v.-` .=----- Pirr i1111 : III il. i 1 � `v l�.�1I11 r ST. / DUNHAM _ , ST ? R" rk 1 I I II I 1-- 7 I I 111 I I I-L _J ._ rir41.4.1 I OW - If/ ITWO ' WWI_ inifil k.,- i A Iz q_�111 :L . , - 0 ; .!.I igalgala51"44 i gaaallliel‘"144:4 I 0 I m a"I 111 3�ml ill _ _____] • 1 , , - ..... . I 1 - - I -+ — W r N m w ii--(--- = — v> a z J J=-J-- i I i 1 1 L ° a 0 rr J i 1 K REZONING FROM: "C" COMMERCIAL, "D" HEIGHT & AREA TO: "A" RESIDENTIAL, "D" HEIGHT & AREA PETITION AREA 1 .1 SOUTH BEND ZONING litik. "A" RESIDENTIAL I I "Al" RESIDENTIAL I • I "B" RESIDENTIAL —93 "C" COMMERCIAL APC =#1565 65 400' "D" LIGHT INDUSTRIAL l j "E" HEAVY INDUSTRIAL wmm`