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Home My WebLink About8665-96 Zoning - 115 South Eddy St ORDINANCE No. 8665-96 Passed by the Common Council of the City of South Bend, Indiana. April 15, 19 96 Attest: Xfrd,y1, GL/ City Clerk L0- TTA . DU A �� Attest of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 16, 96 19 i 4F''-P-7 L - City Clerk LORETT' J. DUD Approved and signed by me 19 ° '�— Mayor t t • ORDINANCE NO. S 665-96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 SOUTH EDDY 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 part of Large Lot or Block Numbered 19, as shown on the recorded Plat of Samuel L. Cottrell ' s Addition to the Town of Lowell, now within and a part of the City of South Bend, which part of said lot is described as follows : Beginning at an iron stake 190 feet North of the Southeast corner of said Large Lot No. 19; running thence North along the .West line of Eddy Street in said City, a distance of 120 feet to a stake 100 feet South of the Northeast corner of said Large Lot; being the Southeast corner of a lot heretofore conveyed to Charles A. Lippincott and Anna I . Lippincott, husband and wife, by Warranty Deed Recorded in Deed Record 161, page 45 of the records of St . Joseph County; thence West on the South line of said Lippincott lot, 186 feet to a stake set in the East line of an alley; thence South on the East line of said alley, 120 feet to a stake set in the North line of another alley running East and West; thence East on the North line of said last mentioned alley, 186 feet to the place of beginning be and the same is hereby established as C-1 Commercial, E 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. Member of the Common CounciP COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 7-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 SOUTH EDDY 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.. Cleo Washington, Chairman 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 : 115 South Eddy Street, South Bend, Indiana 2) Name and address of property owner of the petition site: Hel-Mar Realty Corporation 115 South Eddy Street South Bend, Indiana 46617 (219) 288-0631 3) Name and address of contingent purchasers : Joseph A. Mancini and Larry S . Lackner P.O. Box 4143 South Bend, Indiana 46634 (219) 232-9973 4) It is desired and requested that this property be rezoned from B Residential, B Height and Area to C-1 Commercial, E Height and Area 5) This rezoning is requested to allow the following use : To enable purchasers to utilize property as a professional office . 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) six (6) 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 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 (s) of all property owner (s) or Attorney for all property owner (s) Joseph A. Mancini and Larry S. Lackner /n P.O. Box 4143 ift-gePte��C U�' ;,Q /ijb 2,1 2.(1 . rb South Bend, Indiana 46634 Bernard J. oleza , M.D. Date (219) 232-9973 Hel-Mar Realty, Inc. Contact Persons : v e_c>4 75(° 71 -2.4/f4, Emanuel C. Liss, M.D. Date Joseph A. Mancini Hel-Mar Realty, Inc. Larry S . Lackner P.O. Box 4143 South Bend, Indiana 46634 (219) 232-9973 • METZGER & MANCINI - 1002 SOUTH TWYCKENHAM DRIVE POST OFFICE BOX 4143 SOUTH BEND,INDIANA 46634 (219)232-9973 FAX(219)232-8863 JOSEPH A.MANCINI,CPA MEMBERS OF LARRY S.LACKNER,CPA AMERICAN INSTITUTE OF CPA'S CAROLYN D.METZGER,CPA INDIANA CPA SOCIETY F.DALE METZGER,CPA February 28, 1996 Mr. John W. Byorni Senior Planner Area Plan Commission of St . Joseph County, In. 1140 County-City Building South Bend, IN 46601 Re : 115 South Eddy Street APC #1705-96 Petition to Rezone Dear John: Please find the enclosed information regarding the above referenced property which we are submitting for your review. Specifically, you will find a revised petition and ordinance requesting that the property be rezoned to C-1 Commercial, E Height and Area; six (6) revised site plans; and an original deed. We do not object to the 0 Office rezoning classification as it relates to professional office buildings, however, we find that the numerous variances required to become 0 Office creates a hardship on us . We understand based on conversations with our architect that the C-i zoning classification does not have such variances. We would support future rezoning of this property if it brings us in compliance as the property exists and doesn' t require any after the fact changes . We understand that if the B Residential category hadn' t been changed, we would not have to go through rezoning. If you require any additional information, please contact us . Sincerely, METZGER & MANCINI, CPAs .! Larry S. Lackner 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 March 20, 1996 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 Hel-Mar Realty Corporation to zone from "B" Residential, "B" Height and Area to "C-1" Commercial, "E" Height and Area, property located at 115 South Eddy Street, City of South Bend .- APC #1705-96 Dear Council Members: The above referenced ordinance and site development plan of Hel-Mar Realty Corporation was legally advertised March 7, 1996. The Area Plan Commission at its public hearing on March 19, 1996, took the following action: Upon a motion by John DeLee, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Hel-Mar Realty Corporation to zone from "B" Residential, "B" Height and Area to "C-1" Commercial, "E" Height and Area, property located at 115 South Eddy Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. In the Commission's opinion, the proposed use is consistent with the previous use of the property and the area. The "C-1" zoning has been requested due to the number of variances that would be required from the "0" Office district in order to continue to use the property as an office. The Staff has been working on a new office zoning district, which when adopted, can be applied to this property. PLEASE NOTE that the Ordinance has been amended by the petitioner showing a designation that 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. Sincere y, 6e ...;;;jf--- obert W. Sante RWS:sr Attachment CC: Hel-Mar Realty Corporation CC: Joseph A. Mancini and Larry S. Lackner Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN