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Home My WebLink AboutZoning - 1612 South Bend Ave • ORDINANCE No. 8190-91 Passed by the Common Council of the City of South Bend, Indiana. June 24, 91 '9 Attest: K �JG-�^-�-�-�-� City Clerk IRENE K. GAMMON / ► Attest: �� .� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— June 25, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me a .7 Ig q/ e ` Mayor • ORDINANCE NO. SWe- 7 r AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1612 SOUTH BEND AVENUE 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: Lot Numbered thirty-four (34) as shown on the recorded Plat of Wooded Estates, a subdivision now within and a part of the City of South Bend. be and the same is hereby established as C-1 Commercial and A Height & 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. /1/ ulimile ,ember of he Common Council Date Filed Application No. Date Received by Area Plan Commission PETITION TO REZONE We, the undersigned make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance as herein requested: 1. The property sought to be rezoned is located at: 1612 South Bend Avenue, South Bend, Indiana 2. Name and address of the property owners of the petition site: Donald W. Ohlmeyer and Eva Clare Ohlmeyer, Husband and Wife Box 545 Shirley Road Bunkie, Louisiana 71322 3. Name and address of Land Contract purchaser: Jenia Tschumakow 58915 Bremen Highway Mishawaka, Indiana 46544 4. It is desired and requested that this property be rezoned from A Residential A Height & Area to C-1 Commercial A Height & Area. This rezoning is requested to allow the permitted uses in a C-i Commercial District with the primary emphasis for a professional office. 5. 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 petitioned property; (c) 5 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petitioned property. 6. 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 the Area Plan Commission within 1 year of the Council 's action. Failure to submit a final site plan within that time period causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. gli---ctilte) 4-deti /./"-- 16 itffc<nald W. Ohlmeyer, off'+`er 4:074- Y4(e_ a lare Ohlmeyer, Owned/ LEGAL DESCRIPTION Lot Numbered thirty-four (34) as shown on the recorded Plat of Wooded Estates, a subdivision now within and a part of the City of South Bend. . .1!..e..Y...Y -- 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 May 22, 1991 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 Donald W. and Eva Clare Ohlmeyer to zone from "A" Residential , "A" Height and Area to "C-1" Commercial , "A" Height and Area, property located at 1612 South Bend Avenue, City of South Bend, as tabled - APC #1400-91 Dear Council Members: The above referenced ordinance and site development plan of Donald W. and Eva Clare Ohlmeyer was legally advertised April 4, 1991 and April 6, 1991 . The Area Plan Commission at its public hearing on May 21 , 1991 , took the following action: Upon a motion by Lee Slavinskas, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Donald W. and Eva Clare Ohlmeyer to zone from "A" Residential , "A" Height and Area to "C-1" Commercial , "A" Height and Area, property located at 1612 South Bend Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a final site development plan indicating that the property will be used for professional offices only. The site abuts a proposed office building development on the north and is across State Road 23 from commercial uses and zoning. In the Staff's opinion, this proposal would not adversely affect the adjoining residential area. 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, __________L Richard S. Johnson RSJ:sr Attachment CC: Donald W. and Eva Clare Ohlmeyer CC: Jenia Tschumakow CC: Anthony M. Zappia, Attorney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • y STAFF REPORT April 8, 1991 Donald W. and Eva Clare Ohlmeyer 1400-91 Location: 1612 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 , "A" Height and Area to allow professional offices. EXISTING LAND USE: The property contains a single-family dwelling. SURROUNDING LAND USE AND ZONING: Located to the north across S.R. 23 is a lounge and a commercial retail center zoned "C" Commercial ; to the east ,is a vacant lot zoned "C" Commercial ; to the south are single-family homes zoned "A" `Residential ; and to the west is a-single-family dwelling zoned "A" Residential . ACCESS: Access to the site is from State Road 23. 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 11 ,775 square feet. Of that , the buildings will occupy 1:.,767 square feet, or 15 percent of the site; the parking and drives will occupy 4,424 square feet , or 37.6 percent of the site; and • 5,584 square feet or 47.4 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 City Engineer made the following comments: A driveway permit from the State will be necessary. Elevations will be needed on the final site plan to determine drainage requirements. • 4. :,��^ •:I I e1,LLA 11_11 1 i 't i • i I I L_J L_J U I I f I I 11 --T + • I R W4ARIC K I SS,t} $T Q f I /le I i a I :11 1 I $T. .: is i.,_ IHEPLERI l ,, v<< $T, / ER I 5 i r'^f 3'a 1 1 1 YAN �' , l 1_ -. (..D.7.. i 1 tai 1 f` 1r• ` j W — a I • 1 a \� _ ILII r 1 E 1 ;I 1ST !. Q 1 V4 C W I IRO OUT H - $ a- V P 0 - : ; cv en A i•.1• L] I I I P F '' 2t 4" 1 ^ Y i ¢s Z art c "> $ , :li,0;11.,:,4.*� e f 'r. r► ---4 I v, i - •noin lel -: IP' R. 1*.''' 11;, - ,...N-' f ••,4s‹......1 1/ ,, ,., : ' ' ' ' , , ,-, r ,;,,, . . ...,..______, „, _ . „... v.. i I .. - ' I 11 ri J • A, CAMPEAV• 1 l (i 7V tip, w �K a - n I I i./. s. Ire°- , fit REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C-1" COMMERCIAL, "A" HEIGHT AND AREA APC #1400-91 PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL -r.:- "C" COMMERCIAL "C-1" COMMERCIAL COUNTY ZONING "A" AGRICULTURE = 4 "R" RESIDENTIAL I I "B" BUSINESS NORTH • • fimn nttttr Report MD the Common Q ounril of Up Mtn Snuff pnh. Your Committee of the Whole to whom was referred BILL NO. 15-91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1612 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 should be recommended to the Council favorable. Loretta Duda Chairman