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Home My WebLink About8337-93 Zoning - 3423 S Michigan • ORDINANCE No. 8337-93 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 City Clerk IRENE K. GAMMON Approved and signed by me 19 93 (70{.#4, Mayor ORDINANCE NO. Y3.377- 9.3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 S . 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: S. 292 . 18 LOT I J .E. WALZ REVISED PL be and the same is hereby established as "C" Commercial and "E" height and area. SECTION II . This ordinance shall be in full force ane effort from and after its passage by the Common Council, approval by the mayor, and legal publication Membe of t( Common Council • :. Date Filed Application No. Date received by the Area Plan Commission I, 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 : 3423 S . Michigan St . South Bend, IN 46614 2 . Name and address of property owner of the petition site: Steven E. Busk 52330 Kenilworth South Bend, IN 46637 3 . Name and address of contingent purchaser : Not applicable 4 . It is desired and requested that this property be rezoned from "B" Residential and "D" Light Industrial and "D" height and area to "C" Commercial, "E" height and area 5 . This rezoning is requested to allow the following use: To allow Busk Brothers Furniture to erect an identification sign at the Main Street entrance to the building. 6 . Attached is copy of (a ) legal description of the property; (b) a list of names and property owners within 300 feet of the property; (c) five site plans; (D) addresses, 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 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 plane . 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. Petition prepared by: Signature of property owner Forest Sign & Display, INC. CONTACT PERSON 2729 S . Main St . Michael Sklorenko South Bend, In 46614 3423 S . Michigan St. 299-0707 South Bend, IN 46614 291-9900 MARK B. SKLORENKO PRESIDENT Date Filed /`' i/99 Z Application No . Date received by the Area Plan Commission I, 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 : 3423 S . Michigan St . South Bend, IN 2 . Name and address of property owner of the petition site : Steven E . Busk 52330 Kenilworth South Bend , IN 46637 3 . Name and address of contingent purchaser : Not applicable 4 . It is desired and requested that this property be rezoned from "B" Residential , "D" height and area to "C" Commercial , "E" height and area 5 . This rezoning is requested to allow the following use : To allow Busk Brothers Furniture to erect an identification sign at the Main Street entrance to the building. 6 . Attached is a copy of (a) legal description of the property ; (b ) a list of names and property owners within 300 feet of the petition property ; (c ) five site plans ; (d) addresses , 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 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 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 . Petition prepared by : Signature of property owner Forest Sign & Display, Inc . CONTACT PERSON: 2729 S . Main St . Michael Sklorenko South Bend, IN 46614 3423 S . Michigan St . 299-0707 Sout . : :n. ; 46614 ' -9901 Qinitttnt##rr arpnr# caIu tlit Comm Monnril of tip Mtn of*milli Nrnh: Your Committee of the Whole to whom was referred BILL NO. 99-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable; by substitution. Thomas Zakrzewski Chairman • ,ALL ? g-9 OMMISSION AREA PLAN C 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 Steven E. Busk to zone from "B" Residential and "D" Light Industrial , "D" Height and Area to "C" Commercial , "E" Height and Area, property located at 3423 S. Michigan Street, City of South Bend - APC #1490-92 Dear Council Members: The above referenced ordinance and site development plan of Steven E. Busk 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 Richard Warner, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Steven E. Busk to zone from "B" Residential and "D" Light Industrial, "D" Height and Area to "C" Commercial , "E" Height and Area, property located at 3423 S. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. This site needs to be rezoned to replace an existing non-conforming sign. The proposed rezoning should not have a negative effect on the surrounding area. 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. Sincerely, Richard S. Johnson RSJ:sr Attachment CC: Steven E. Busk CC: Forest Sign & Display, Inc. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN - STAFF REPORT December 7, - 1992 ' Steven E. Dusk 1490-92 Location: 3423 S. Michigan Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential and "D" Light Industrial , "D" Height and Area to "C" Commercial , "E" Height and Area to allow a non-conforming sign to be replaced. EXISTING LAND USE: The property contains a sign and a parking area. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "B" Residential ; to the east is a furniture store and a gas station zoned "C" Commercial ; to the south is a parking lot zoned "B" Residential ; and to the west are single family homes zoned "A" Residential . ACCESS: Access to the site is from Main 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 33,540 square feet . Of that , the parking and drives will occupy 16,000 square feet , or 48 percent of the site; and 17,540 square feet or 52 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: H 1 I L ,.. H. ' ... . _ • ._ • • .- ....‹.„,, „ . . 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J S41(fr{ ) SHE RWOOD J N ....15 pj- 1;7; S T(( .7:•:,,,-;-.-,-;t,-X.,;.Vk--';"::.:::,:Er•-,:4.1X;-<J-W.-.a 0 co 1441ij;.VAI--, 171R4:``?,•igi'.;9 , 0 I 0 2 ) .-) SOUTH- ‘It, 7 ti.) -1 CO MORE AV E.,..._1 .14a5"..411 ME>-:=. -''2 ---, '---?F------,-,---)- E _ __ . . . ,...., = 7___ ,-..j"-".•:=;,:f.4.:A.-,•0 2 6 2 5 ---4._:° A .--:4,ij •-, 'N/,. tij .4..;,4 IER 11'.--------- am--"g'i z ILUELDE 51\_;-- <-. 11- B 5 ITERI -----S7./7/ I4 AITBIE II I 0 E3::::-_- i z - 5—' m ! AIAT I DR. I 1 L1-11.-ill LCI!7 . A ir ERSKINE MUr GOLF COURS D .141 TFI /O'BRIEN 1 -1E11_ PARi< GOLF REZONING FROM "B" RESIDENTIAL AND "D" LIGHT INDUSTRIAL, "D" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1490-92 __ PETITION AREA • I A SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL I I . "C" COMMERCIAL IIMINI.MLIRM "C-1" COMMERCIAL r ,„,:-....„. ,i LIGHT INDUSTRIAL I NORTH "E" HEAVY INDUSTRIAL r""*"7"31-