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Home My WebLink AboutZoning - Property located at 2909 Western Ave ORDINANCE No. 8034-89 Passed by the Common Council of the City of South Bend, Indiana November 13 , 89 IQ_ Attest: %I 'e X City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 14, 89 Ig City Clerk IRENE K. GAMMON 89 Approved and signed by me November 16 is) Mayor ll • • ORDINANCE NO . 36932-i-N , `7 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2909 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• Lot Numbered Fifty-Four ( 54 ) as shown on the - I recorded Plat of LaSalle Park , an Addition to the City of South Bend , St . Joseph County , Indiana Ibe and the same is hereby established as "B" Residential , "B" Height and Area SECTION II . This ordinance shall 'be in full;:-force and effect from and after its passage by the Common Council, approval Iby the mayor, and legal publication . // • M-mber of the Come;� Council Filed In Clerk's Office PEADING HEARING / l'i3-&`t • SEP 2 01989 r;i READING //-13- of NOT APPROVED IViA Date Filed Application No . Date received by the Area Plan Commission AMENDED PETITION 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 : Address : 2909 Western Avenue South Bend , Indiana 46619 2 ) Name and address of property owners of the petition site : Eugene Williams & Betty Williams , husband and wife 23922 Filmore Road South Bend , IN 46619 PHONE : 232-7425 3 ) Name and address of contingent purchaser: Not applicable -- property is not being sold . 4 ) It is desired and requested that this property be rezoned from "C" Commercial , "D" Height and Area to "B" Residential , "B" Height and Area 5 ) This rezoning is requested to allow the following use( s ) : To permit occupancy of 1st floor and 2nd floor for residential purposes. 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 submittal of a final site plan. A final site plan must be submitted to the Area Plan Commission within one ( 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 cl.aslification . Time extensions on the submittal of the final site plan may be requested . ,.__ _.., iy EDWARD OLCZAK -- Attorne for Eugene Williamms_�.a•nd Betty Williams , Property Owners PETITION PREPARED BY : Edward Olczak AttnnnPV-at-Tara • I 0 • ., . ,:). . .... . ,... , T . , - . , ' v \ f I 1 i I r'- """... I . Z "....."\ 0. . :, trl :i ... .. ,, . ,:::. ,_P •..... o i1► 0 Ili li 1 �" 1 - . . Ic.i ., ,41, • 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 October 17, 1989 ./ - 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 Eugene and Betty Williams to zone from "C" Commercial, "D" Height and Area to "B" Residential, "B" Height and Area, property located at 2909 Western Avenue, City of South Bend - APC #1286-89 Dear Council Members: The above referenced ordinance and site development plan of Eugene and Betty Williams was legally advertised October 5, 1989 and October 7, 1989. The Area Plan Commission at its public hearing on October 17, 1989, took the following action: Upon a motion by Harold Means, being seconded by Theodessa Earles and carried-, the proposed ordinance and site development plan of Eugene and Betty Williams to zone from "C" Commercial, "D" Height and Area to "B" Residential, "B" Height and Area, property located at 2909 Western Avenue, City of South Bend is sent to the Common Council with no recommendation 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: Eugene and Betty Williams CC: Edward Olczak Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT October 9, 1989 Eugene and Betty Williams 1286-89 Location: 2909 Western Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "B" Residential, "B" Height and Area to allow the first and second floors to be used for residential purposes EXISTING LAND USE: The property contains a two-story commercial building and an accessory building. SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "B" Residential; to the east and west are businesses zoned "C" Commercial; to the south across Western Avenue is a business zoned "C" Commercial. ACCESS: Access to the site is from Western Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. DATA: Data not available. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no wetlands or flood hazard areas are present. SITE PLAN: Site plan not available. AGENCY COMMENTS: The City Engineer made the following comments: Off-street parking must be provided. _ ..., ..!.'_' :: : ." i t ONGLE`f 01 X' Z, ILONG,E V I H 1 ST I Z1:;i1.----7-1 ' --r- —1 r ST 1 ------, E 0; . B _J1 BE NG.X Psi Rrc 1 cc! Z.. . ONG • { , 1 , ... -.--... Ei ,ROGER C); apt . st 2 . BERTRAN 11 .., '-- ST. -- 7 , 1 ' "5.8kE• -----..„............„.2"--- ..1 '',..._ I (/),rl0e: ___AL_CE ' ••1 i —.-FA • O-b. L• . im .LIN DE..N w rit M ion,s....._.i m. . _ i c., a■ ,'• i I! :: i 2 11111 :' i XIIIA I I 1 • B 'I i 44*,-4,r ibiL 0444.C.) 1111 r ,r----rrir, I `9'2 IN I C Er—IIIIIIIF 4 :,.., F—A-----.- .............. :44,:i 0 s ri.i._ 1 : : '. __J, , ii I i '''SNS _. AVE 61" 1 I 41 - ---. _____J L____11 1,... 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SOUTH BEND ZONING "C" COMMERCIAL "B" RESIDENTIAL =AW:'',c'er'-‘",.=a•--'-& "A" RESIDENTIAL I I O NORTH