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HomeMy WebLinkAbout8336-93 Zoning - 2017 Lincolway West ORDINANCE NO. 8336-93 Passed by the Common Council of the City of South Bend, Indiana. January 11, 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— January 12, 93 19 i 1 City Clerk IRENE K. GAMMON Approved and signed by me ' /3 19 �`� Mayor t t ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR • PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, FOR DOUGLAS S. TAELMAN 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 IS HEREBY 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 Three (3) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend, Indiana BE AND THE SAME IS HEREBY ESTABLISHED AS "C"-COMMERCIAL, "A" 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. i Member of th 7Common Council T signed only to provide an oppor,;uny C.... L:uSSS.(;t3 and Coun o.I 4t-;-..4.o:? cs°°;k the Issues , DATED: this // Lday of���r� , 1993 . . •, , . . . Fed in Clerk's Office NOV 91992 AMENDED PETITION iRENE GAMMON CITY CLERK,S0.BEND,IM. DATED FILED: APPLICATION NO. DATED RECEIVED BY AREA PLAN COMMISSION: I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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: Lot Numbered Three (3) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend, Indiana commonly known as 2017 Lincolnway West, South Bend, IN 46628 2. Name and address of property owner(s) of the petition site: Douglas S. Taelman , 2017 Lincolnway West South Bend, IN 46628 Telephone: (219) 287-8155 3. Name and address of contingent purchaser(s) , if applicable: N/A 4 . It is desired and requested that this property be rezoned: From "B"-Residential , "A" Height and Area To "C"-Commercial, "A" Height and Area 5. This rezoning is requested to allow the following use(s) : a. to operate a hair styling salon in the residence 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, I, and any contingent purchaser, understand that if the Council approves this Petition to Rezone it may be approved subject to the submission of a final site plan. A final site plan must be submitted to the Area Plan Commission within one (1) years of the Council ' s action. 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. Time extensions on the submission of the final site plan may be requested. Respectfully submitted, • A� ' ' . -th P. Fedder ---5 (6795-711 . - 300, First Bank Bldg. 9c)5 w_ .TPffersnn Blvd. AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 December 16, 1992 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 Douglas S. Taelman to zone from "B" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area, property located at 2017 Lincolnway West , City of South Bend - APC #1492-92 Dear Council Members: The above referenced ordinance and site development plan of Douglas S. Taelman was legally advertised on December 3, 1992. The Area Plan Commission at its public hearing on December 15, 1992, took the following action: Upon a motion by Harold Means, being seconded by Joseph Zappia and carried, the proposed ordinance and site development plan of Douglas S. Taelman to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 2017 Lincolnway West, City of South Bend is sent to the Common Council with a favorable recommendation, suject to a final site development plan. 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, al Richard S. Johnson RSJ:sr Attachment CC: Douglas S. Taelman CC: Kenneth P. Fedder, Attorney Serving South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN w M �. j STAFF REPORT December=7, 1992 Douglas S.. Tae l man 1492-92 Location: 2017 Lincolnway West City of South Bend REDUESTED ACTION: The petitioner is requesting a zone change from "B" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to allow a beauty salon to be established on the ground floor of a single family home. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north is a single-family home zoned "A" Residential ; to the east is a two-family residence zoned "B" Residential ; to the south is a two-family residence and single-family homes zoned "B" Residential ; and to the west is a single-family home zoned "B" Residential . ACCESS: Access to the site is from Lincoinway West . WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITEDATA: The total site to be rezoned is 6,060 square feet . Of that , the buildings will occupy 1 ,024 square feet , or 17 percent of the site; the parking and drives will occupy 1 ,477 square feet , or 24 percent of the site; and 3,560 square feet or 59 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: This site was rezoned to "C-1" for the same use in September of this year. However, the Zoning Ordinance does not permit the residential use in the "C-1" District . W � 1 i ' - i -==- CALHOUN_ ----- -- _-. _sT I I I MGRt VEL r r A, PA ?KD ...7- i j w HUMS'LT— - ` - -- L_.._. .._._ �..._ c J G ' '-[_L Q \ `1 4.m, 'C n z r — Q (;:i N o • w VASSAR a — -- C tL .III 1 Y tVE w � o B -` r z o Li, /�/ w PET TIONo EA=1 E.' CAL F( f1NIA AVE . CAt_IQRNIA -� CO� � IQ AVsATN[ : 3 BUREN --�'� i `I pt l - l T VAN BUREN V w • 11---- CKSON ST. Z -- to --- I"T O II x i : : Li- - o 21 1 z W RI. \ J _ ,- w Q > Z j S.rU.• Fa.: \ w Q wEkAINSKI wE Rw1 l ST � � 2 J o !r LONGL f'r_________ I____w_.- S_1: w ,t ST M t, I O \S f ` ✓ n h•vl BENDIX PARK --- -- _; LONG' EF"nSSI ACHT Eys• BRTRAN -E---- - - S I BI_E Y S T W I �� a K E .J� ) B- I AVE._.O j GO I Q ` -1 —C. D t- — -- ( Ft_ORE JIjir ST� z — w L11 DE Vi �E SMITH ST, cn = o •w. MB��- (LINDEN --_ . ..._ . �:, _ ,- ,-, �,2 --- a VE+3 112 r N:-_-i T, REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1492-92 TO: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA t SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL L.__• 1 "C" COMMERCIAL "D" LIGHT INDUSTRIAL I I NORTH December 6, 1992 Area Plan Commission Room 1140 County-City Bldg. South Bend, Indiana 46601 Gentlemen: Re: Letter of December 2 , 1992• • This is in response to your letter regarding the following: "A proposed ordinance and site development plan of Douglas S. Taelman to zone from "B" Residential , "A" Height and Area to "C" Commercial . "A" Height and Area , property located at 2017 Lincolnway West ,City of South Bend to allow a beauty salon to be established on the ground floor of a single family home.-APC #1492-92 If I am not mistaken this same property was considered at a meeting during the summer. I attended that meeting, and spoke in favor of the commercial designation for this particular piece of property. If some of the members of your commission could take the time to drive down Lincolnway West (to the East) they would find that very close to the address in question are a hardware sore on one corner; a liquor store on another corner; and a podiatrist on yet another. The fourth corner (on the block in question) is a disreputable looking, apparently abandoned dwelling. That particular piece of property should probably be levelled. Immediately to the west of the 2017 Lincolnway West property, is a multifamily dwelling, that would be a disgrace to any neighborhood . I don ' t know Douglas Taelman, but think if he ' s brave enough, and enterprising enough to do something constructive with the property in question, he should get all the encouragement and backing your Commission, and the area residents can give him. Sincerely yours , • firs. G ney R. Pellow) Copy to: Douglas Taelman Copy to: Steve Luecke 2017 Lincolnway West 810 Leland SouthBend, Ind . 46628 South Bend , Ind . 46616 finmmi~ttu avail an tic (gammon Utonnril of tip Olttg of£+mxt1 firnh: Your Committee of the Whole to whom was referred BILL NO. 90-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, IN THE CITY OF. SOUTH BEND, INDIANA, FOR DOUGLAS S. TAELMAN. • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman