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Home My WebLink AboutZoning - Property located at 3718 W Western Ave ORDINANCE No. 8048-89 Passed by the Common Council of the City of South Bend, Indiana December 18, 89 - Iq Attest•. ' � — u P- City Clerk IRENE K. GAMMON Attest /. i sisidede.' _�% President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 19, 89 zg /t City Clerk IRENE K. GAMMON Approved and signed by me (6 .A - &O Ida e. Mayor AMENDMENT NO. ORDINANCE NO. RO y AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3718 W. WESTERN 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: Lots Numbered One Hundred Thirty—Eight (138) , One Hundred Thirty—Nine (139) , and One Hundred Forty (140) as shown on the recorded second plat of Lincoln Park Addition to the City of South Bend, together with the west half of the vacated alley lying east and adjoining said Lot 138. be and the same is hereby established as "D" light industrial district and "D" height and area district. 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. em.e • the Common .7/ 1 , I i II 1st READING /Q"q'g / PUBLIC HEARING la—I �"g 9 • • • Dated Filed Application No. Dated Received by the Area Plan Commission 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: 3718 W. Western Ave. , South Bend, Indiana. 2. Name and address of all property owner(s) : James W. Teske and Linda M. Teske, 56813 Butternut Road, South Bend, Indiana, 46619. 3. It is desired and requested that this property be rezoned from C (commercial) , C height and area, to "D" light industrial district, "D" / height and area. 4. This rezoning is requested to allow the following use: To operate a machine shop with more than five (5) employees. 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 petition property; (c) a site plan; and (d) addressed, stamped envelopes of all property owners within 300 feet of the petition property. 6. By signing this petition, we understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. The final site plan must be submitted to the Area Plan Commission within one year of the Council's action. Failure to submit a final site plan within that time period causes the zoning and the petition property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. J• iies W. Teske /I iw Li :a M. Teske Petition Prepared By: Mitchell R. Heppenheimer Attorney at Law 704 W. Washington Avenue South Bend, Indiana 46601 (219) 232-5883 Contact Person: Same as above )CT 4 1986 .r). � i o `r) 0 I \3_ II',W\�', \. J J • Lots Numbered One Hundred Thirty—Eight (138) , One Hundred Thirty—Nine (139) , and One Hundred Forty (140) as shown on the recorded plat of Lincoln Park Addition to the City of South Bend, together with the west half of the vacated alley lying east and adjoining said Lot 138. 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 November 22, 1989 (� The Honorable Common Council F9 - s City of South Bend D County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of James W. and Linda M. Teske to zone from "C" Commercial , "C" Height and Area to "D" Light Industrial , "D" Height and Area, property located at 3718 W. Western Avenue, City of South Bend - APC #1289-89 Dear Council Members: The above referenced ordinance and site development plan of James W. and Linda M. Teske was legally advertised November 9, 1989 and November 11, 1989. The Area Plan Commission at its public hearing on November 21 , 1989, took the following action: Upon a motion by Joseph Zappia, being seconded by Theodessa Earles and unanimously carried, the proposed ordinance and site development plan of James W. and Linda H. Teske to zone from "C" Commercial, "C" Height and Area to "D" Light Industrial , "D" Height and Area, property located at 3718 W. Western Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. A machine shop with five or fewer employees is an existing permitted use. No changes to the site are being proposed. Adjacent parking for the new employees already exists. The Commission would suggest that the loading dock on the south side of the building, which is adjacent to a single-family home, be relocated. In the Commission's opinion, the rezoning would not be detrimental to the 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 AttgehmentS th Bend,.L ke lle New Carlisle, North Liberty, Roseland & St. Joseph County, IN CC: a s ande lama n. Teske CC: Mitchell R. Heppenheimer STAFF REPORT November 13, 1989 James W. and Linda H. Teske 1289-89 Location: 3718 W. Western Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "C" Height and Area to "D" Light Industrial , "D" Height and Area to allow the operation of a machine shop with more than five employees. EXISTING LAND USE: The property contains an existing machine shop. SURROUNDING LAND USE AND ZONING: Located to the north across Western Avenue is an auto painting business-zoned "C" Commercia; to the east is a laundromat zoned "C Commercial; to the south is a- single-famly home zoned "A" Residential ; and to the west across Illinois Street is a parking lot for a liquor store. ACCESS: Access.to the site is from Western Avenue and. Illinois Street . WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. . DRAINAGE: The drainage has been addressed by the petitioner. DATA:' - The total site to- be rezoned is 18,229 square - feet. Of that , the buildings will occupy 5,581 square feet , or 31 percent of the site; the parking and drives will occupy 5,923 square feet , or 33 percent of the site; and 6,720 square feet or 36 percent of the site will remain as open space. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no wetlands or flood hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer noted that off-street parking must be provided. .- Miii o, lw•LLWm'SnohG 1 -51 I 1 : C r - _..-__ ._ +VF W —._--_ __—_-6-'�_._ _/111 l_ _ _ _- _-- _! ` . . ■-1 to a _ " '% -4 _Fa_ rll II Tl( 1 �... t. :. r Jc e 1M' 4 .°s .i.- '�4alia 9Mdu s 1b ea t_ A A l +waa 1 I jj c g m 4 s ':',"1-:':',"1-: I ru I , _ VA -1,f 3 'S YN 1 Y�' Y 4-y t -. Y t .a NN .>y' a h ` c 4 S G tY " - WI '•A `y a m. is :. F rF 9c;t ' r � S y � r 1 , 11;;;Iii*. 7- ir ii! , -e „,„..., - 7 itr.ni. f iii . .„. .a- Iqui.iIllt1vllly . 1e'! l�lrll a'<I= # - r r -T REZONING FROM: "C" COMMERCIAL, "C" HEIGHT AND AREA. TO: "D" LICHT INDUSTRIAL, "D" HEIGHT AND AREA PPC #1289-89 PETITION AREA SOUTH -SEND ZONING "C" COMMERCIAL 4 > "A" RESIDENTIAL I i "8" RESIDENTIAL = . "0" LIGHT INDUSTRIAL I — I NORTH •