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Home My WebLink About8395-93 Zoning - 1624 South Bend Ave ORDINANCE No. 8395-93 Passed by the Common Council of the City of South Bend, Indiana July 26, 93 19 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 27, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me 19 66/14"16- Mayor ORDINANCE NO. 83 9S— 93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1624 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECT)ON 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: Lots 32 and 33 as shown on the recorded Plat of Wooded Estates, a subdivision in the city of South Bend, St. Joseph County, Indiana, As excepted herein A part of Lots 32 and 33 in Wooded Estates, a subdivision in the Northeast Quarter of Section 6, Township 37 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, page W, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the north corner of said Lot 32; thence South 37 degrees 05 minutes 34 seconds East 17.36 feet along the northeastern line of said lot; thence South 53 degrees 10 minutes 12 seconds West 30.80 feet; thence South 62 degrees 38 minutes 04 seconds West 101.38 feet to the northwestern line of said Lot 33; thence North 52 degrees 52 minutes 00 seconds East 130.73 feet along said northwestern line and the northwestern line of said Lot 32 to the point of beginning and containing 1,392 square feet, more or less. Be and the same is hereby established as C-1 Commercial, C 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 mayor, and legal publication. Member : the X07 on ouncil r egned only to provide On opportunity for public c38c.ugn1oi and Council action on the issue- 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: 1624 South Bend Avenue (Lots 32 and 33 Wooded Estates subdivision) South Bend, Indiana 2) Name and address of property owner (s) of the petition site: Jed F. Eide 1121 E. Wayne South Bend, IN 46615 (219) 289-5173 John (Jack) R. Plennert 17748 Darden Road South Bend, IN 46635 (219) 277-1488 Patrick J. McGraw 1418 E. Wayne South Bend, IN 46615 (219) 233-1671 Daniel Rogers 1904 Churchill Drive South Bend, IN 46617 (219) 232-5472 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 Residence , A Height and Area to C-1 Commercial , C Height and Area 5) This rezoning is requested to allow the following use (s): Commercial Office Building 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) 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, I 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 plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the 4:40 Jed F. Eide `iga Jo n (J• ' "' '-1 ,ert av,c;(4. Patrick J. McGr iF a. Daniel Roger PETITION PREPARED BY: Jack Plennert 1774$ Darden Road South Bend, IN 46635 (219) 277-1488 • Legal Description of Property Located at 1624 South Bend Avenue Lots 32 and 33 as shown on the recorded Plat of Wooded Estates, a subdivision in the city of South Bend, St. Joseph County, Indiana, As excepted herein A part of Lots 32 and 33 in Wooded Estates, a subdivision in the Northeast Quarter of Section 6, Township 37 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, page W, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the north corner of said Lot 32; thence South 37 degrees 05 minutes 34 seconds East 17.36 feet along the northeastern line of said lot; thence South 53 degrees 10 minutes 12 seconds West 30.80 feet; thence South 62 degrees 38 minutes 04 seconds West 101.38 feet to the northwestern line of said Lot 33; thence North 52 degrees 52 minutes 00 seconds East 130.73 feet along said northwestern line and the northwestern line of said Lot 32 to the point of beginning and containing 1,392 square feet, more or less. Also, an easement in and to the following-described real estate, to wit: A part of Lot 32 in Wooded Estates, a subdivision in the Northeast Quarter of Section 6, Township 37 North, Range 3 East, St. Joseph County, Indiana, the plat of which subdivision is recorded in Plat Book 16, page W, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the northwestern line of said lot at a point North 52 degrees 52 minutes 00 seconds East 19. 27 feet from the west corner of said lot; thence North 62 degrees 38 minutes 04 seconds East 45.62 feet; thence South 36 degrees 49 minutes 48 seconds East 9.17 feet; thence South 53 degrees 10 minutes 12 seconds West 45.00 feet; thence North 36 degrees 49 minutes 48 seconds West 16.67 feet to the point of beginning and containing 581 square feet, more or less, for the purpose of constructing a driveway for service to the owner's private property, which easement will revert to the owner upon the completion of the above- designated project. ROSTER OF PROPERTY OWNERS WITHIN 300 FEET OF 1624 SOUTH BEND AVE. Patrick O'Connell Otho and Mary Bendit Andrew and Rosemary Bella 1621 Oak Park Drive 1339 Black Oak Drive 1609 Oak Park Drive • South Bend, IN 46617 South Bend, IN 46617 South Bend, IN 46617 Arthur and Frances O'Leary Ronald Lewis Donald and Eva Clare Ohlmeyer 1617 Oak Park Drive Post Office Box 2100 1612 South Bend Avenue South Bend, IN 46617 - Anna Marie, FL 34216 South Bend, IN 46617 George Keeley, Jr. Patrick and Josephine Simeri Joseph and Patricia Fontana 1324 White Oak Drive 1323 White Oak Drive 1258 Twyckenham Drive South Bend, IN 46617 South Bend, IN 46617 South Bend, IN 46617 Nathaniel and Georgia Fields David M. Harpster Patrick and Josephine Simeri 701 Lincolnway East 1346 Black Oak Drive 1705 South Bend Avenue Mishawaka, IN 46544 South Bend, IN 46617 South Bend, IN 46637 Amoco Oil Company Carmella Rappelli Richard and Alma Spencer Post Office Box 3428 704 Peashway 1311 White Oak Drive Oakbrook, IL 60522 South Bend, IN 46617 South Bend, IN 46617 Robert Steel Ervin and Marta Racz Patrick Oliva 1308 White Oak Drive 1350 Black Oak Drive 721 East Grove Street South Bend, IN 46617 South Bend, IN 46617 Mishawaka, IN 46545 Tiberius Mihalache University of Notre Dame du Lac 117 South Main Street Administration Building Mishawaka, IN 46544 Notre Dame, IN 46556 fanmmtttrr Report Ohl the fdmmtwn ffoutuit of the QItt1J of$mall Brno: Your Committee of the Whole to whom was referred BILL NO. 46-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1624 SOUTH BEND AVENUE 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. Thomas Zakrzewski 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 July 21, 1993 q 13 The Honorable Common Council '1 City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Jed F. Eide, et al, to zone from "A" Residential, "A" Height and Area to "C-1 Commercial, "C" Height and Area, property located at 1624 South Bend Avenue, City of South Bend - APC #1529-93 Dear Council Members: The above referenced ordinance and site development plan of Jed F. Eide was legally advertised July 8, 1993 and July 8, 1993. The Area Plan Commission at its public hearing on July 20, 1993, took the following action: Upon a motion by Joseph Serge, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Jed F. Eide, et al, to zone from "A' Residential, "A" Height and Area to "C-1" Commercial, "C" Height and Area, property located at 1624 South Bend Avenue, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. This property had been rezoned in the past for the same use,,but reverted to "A" Residential because the project was not developed. In the Commission's opinion, offices are appropriate for this area along South Bend Avenue. 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 rel , �tdas Robert W. Sante RWS:sr Attachment CC: Jed F. Eide CC: Jack Plennert Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • STAFF REPORT July 12, 1993 Jed F. Eide 1529-93 Location: 1624 South Bend Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C-1" Commercial, "C" Height and Area to allow an office building. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north across S.R. 23 is a tavern and retail shops zoned "C" Commercial; to the east is a restaurant zoned "C" Commercial and "A" Residential; to the south are single-family homes zoned "A" Residential; and to the west is a single-family home zoned "C-1" Commercial, pending the approval of a final site plan. ACCESS: Access to the site is from South Bend Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are not available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 22,158 square feet. Of that, the buildings will occupy 4,255 square feet, or 19 percent of the site; the parking and drives will occupy 8,155 square feet, or 37 percent of the site; and 9,648 square feet or 44 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: This site was rezoned in 1988 for the same use, but the zoning reverted to "A" Residential because the project was never developed. ) ..., : 0 : ,- • : . . -, . VA ., _` - '- S T. I:? . , iac WO P8 c A .„. _ , , I._ • , ..,,,„7„ . , .* 0 , :z Q r A ,,,,c,";,a'.4:,- cr- ' B . , .... , ,., , .,.„....,,,,„f'''' 1 T P. `ON r1 38 N. CLAY W 37 N. PORTAL TWP . , i i o . A ^ Pett . :e� O • ,,�� 9 H ART MAN DR. ini N(s 0 PE ACHT REE Y wromer y Q- scoTTSw000 Q scoriSw i., S! p RIDGEWOOD CtR. F <1 R. co CIR z DORWO.D DR. w o 0 `_� cn w_4 ofr (A.,G Q . DORWOOD �` o . HOWARD ST/ OR r____-----.--' ��------ HOW C- REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C-1" COMMERCIAL, "C" HEIGHT AND AREA APC #1529-93 PETITION AREA I 1 SOUTH BEND ZONING "A" RESIDENTIAL I —1 "B" RESIDENTIAL 1 , � "C" COMMERCIAL "C-1" COMMERCIAL I 1 COUNTY ZONING "A" AGRICULTURAL I. _1 LU, "R" RESIDENTIAL I I NORTH "B" BUSINESS _.._.__� 0111,��Ili;!III 1R13zlt?1 a 1 IIII il11fI II il�t1111Pl . •. ,ii€P,!11r1r4 1i!,,41,1p'r*tt IFit, ,4,1 x$11 A]'' � "H7• • ,',.,',"r �1iiillr ` �' BEY !!! ii 7te I \1','.' ';I 4,1",' il: 4,411 ,,t' -1,1t..ii+; ';fill Il 'I; rjqitliill 'tli/111 iiiii IN i 1 '' )4 ,J 5 e t r5 yx `— - t y I 11 1,' ice R7 s 1 l 1 6f .1 i• c�8 Y+{tt 1 I t �F Z I iR IIi U11i`syS 1-� I) c F z,y. I f1I:r#1 i G�Y, 1 I ' l 1i'_t,il • . III t rt t+i k,t;t 1�� .111 1 1 ' i 1 .�}1+77 ri((� ({1111 1 All '",•4;,';',"-.. 111 1_..11 t11•iF ' !11 'iii ,1 T X11:' j 'II II r 1��; } 1 .0 1f01 1#.1 $l i ti's r I','1;,'; SIl{1191? 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