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Home My WebLink AboutZoning - 2017 Lincolnway West • A • I ORDINANCE No. 8294-92 Passed by the Common Council of the City of South Bend, Indiana September 14, 92 - 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 September 15, 92 r9 City Clerk IRENE K. GAMMON Approved and signed by me n12.0 , 16 19 Mayor • ORDINANCE NO. O ol„ I "T - i A 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-1"-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. Member of thCommon Council ✓' 1 signed only to pro4lae an opportunity for public d :c=.molon ,fiWiLCOUWil action on the issue. DATED: this /iAlay of _ 5 , 1992 . • 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-1"-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. Re . .e tfull submitted, & -v4: %en eth P. Fedder - #10287-71 %uit- 300, First Bank Bldg. -05 . Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 234-6061 Attorney for Petitioner and Purchaser LEGAL DESCRIPTION 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 COMMISSION RICHARD S. JOHNSON AREA PLAN OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 August 26, 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-1" Commercial, "A" Height and Area, property located at 2017 Lincolnway West , City of South Bend - APC #1464-92 Dear Council Members: The above referenced ordinance and site development plan of Douglas S. Taelman was legally advertised on August 13, 1992. The Area Plan Commission at its public hearing on August 25, 1992, took the following action: Upon a motion by Joseph Zappia, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Douglas S. Taelman to zone from "B" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 2017 Lincolnway Nest, City of South Bend is sent to the Common Council with a favorable recommendation, subject 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 Flan Commission's Staff Report. Sincerely, 1 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 STAFF REPORT August 10, 1992 Douglas S. Taelman 1464-92 Location: 2017 Lincolnway West City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential , "A" Height and Area to "C-1" Commercial , "A" Height and Area to allow a hair salon to operate out of an existing . single-family residence. EXISTING LAND USE: The property contains a single-family residence. 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 "H" Residential ; to the south is a two-family dwelling 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 Lincolnway West. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: 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: The Zoning Ordinance allows, as a Special Exception, a residential dwelling to be located on the upper floor of a "C" Commercial structure, but not in the "C-1" District . The intent of this provision is to allow older buildings that were built with apartments upstairs to be used in that manner. This petition proposes to use both floors as a residence. J l I i H sT.i. • . MUE 1 I GR I ST• J11(1) PA • /N C0j ^, VAS SAR all i .f11/4 rAtii • w IF >- Z O w c:. NM w `PETITiC1N ARE ; J `( AVE.C� T. CALIF*RNIA 1 ,,:z4' - M1111111111111 w • VAN 8 Q ST. T e III iit ,:-:-.-t..: .4 Ps ill T. L _ _ ST w L1.1 g WERIMNSKI WERWI � ST ' Q�• LONGL Y w ST. Z ST iFr m LONG EY ST. ROGER tai t- ST. LT 3 Eli Ll �� I I I I I FASS REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1464-92 TO: "C-1" RESIDENTIAL, "A" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING • "A" RESIDENTIAL I I - "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL 1 , NORTH • Olnntnttttn Smart can tilt Gammon UtOnntil of tip CV of$nutlt Erns: Your Committee of the Whole to whom was referred BILL NO. 50-92 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. Ann Puzzello Chairman FR E[ PRESS 04Wqiu PUBLISHING CO.