HomeMy WebLinkAboutZoning - Property located at 1134 Lincolnway East ,
ORDINANCE No. 7629-86
Passed by the Common Council of the City of South Bend, Indiana
April 14, 19 86
Attest:-„, City Clerk
IRENE K. GAMMON
/ I ‘ /
Attest: Al_. ..: ` __. _ .�___ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 15, �9 86
IT--.-.,1,„, City Clerk
IRENE K. GAMMON
Approved and signed by me a PAL" /6 19 86 1
2 t.tz-vj..--
Mayor
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ORDINANCE NO. 7L9 - 4
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1134 LINCOLNWAY EAST
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 18, 19, 20 , 31 , and 32 and the East 165
feet of Lot Lettered AA all as shown on the recorded
Plat of Jacob Leer ' s Survey, as recorded in Plat Book
5, page 11 in the Recorder' s Office of St. Joseph
County, Indiana.
be and the same is hereby established as C-Commercial, A Height &
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.
Al / ; _N, 4, /
Pember of the Co ' .n Council
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II
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REZONING PETITION
Date Filed: February 5, 1986 Application No.
Date Received by the Area Plan Commission
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:
1134 Lincolnway East in South Bend, Indiana
2 ) Names and addresses of property owners:
Robert S. Currey and Virginia H. Currey, husband and wife
100 West Third Street
Mishawaka, Indiana 46544
Telephone: (219)255-8612
3) Name and address of contingent purchaser:
S. J. Enterprises
c/o David A. Kuyers
52363 Briarcliff Lane
South Bend, Indiana 46635
Telephone: (219)282-2336
4 ) It is desired and requested that this property be rezoned
from B-Residential to C-Commercial, D Height & Area.
5 ) This rezoning is requested to allow the following use:
Sales and service of office equipment.
6 ) Attached are (a) the 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 copies of the
site plan; and (d) addressed, stamped envelopes for all
property owners within 300 feet of the petition property.
PURCHASER PROPERTY OWNERS
S. J. Enterprises, an
Indiana General
Partnership
By: a / a
David A. Kuyers 4 ' .bert S. Currey
General Partner
// tLic.��J�
/1/
Virginia H. Currey -
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EXHIBIT A
TO: Rezoning Petition filed February 5, 1986, by Robert S.
Currey and Virginia H. Currey, husband and wife and by S. J.
Enterprises.
Legal Description
Lot Numbered 18 as shown on the recorded Plat of Jacob
Leer 's Survey in the Northwest Quarter of Section 18,
Township 37 North, Range 3 East, recorded in Plat Book
5, page 11 , in the Recorder' s Office of St. Joseph
County, Indiana, now within and a part of the City of
South Bend, all located in St. Joseph County, Indiana.
Qinmmtttft Rona
Itn file Qlumnwn Qlounat of tip CV of*mill limb:
Your Committee
of the Whole
to whom was referred
BILL NO.
15-86 A BILL AMENDING THE SOUTHRBENDTyINDIANAD AT
1134 LINCOLN WAY E AST
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, du
Ann B. Pu z z e l to Chairman
FREE PRESS PUBLISHING CO.
COMMISSION
AREA PLAN RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY; IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
lI/
March 19, 1986
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 Robert S. and Virginia
H. Currey, to zone from "C" Commercial, "A" Height and Area, and "B"
Residential, "A" Height and Area to "C" Commercial, "A" Height and Area,
property located at 1134 Lincolnway East, City of South Bend
Gentlemen:
The above referenced ordinance and site development plan of Robert S. and
Virginia H. Currey was legally advertised March 7 and March 8, 1986. The Area
Plan Commission gave it a public hearing on March 18, 1986, at which time the
following action was taken:
Upon a motion by John DeLee, being seconded by John
Trott, and unanimously carried, the proposed ordinance
and site development plan of Robert S. and Virginia H.
Currey, to zone from "C" Commercial, "A" Height and
Area, and "B" Residential, "A" Height and Area to "C"
Commercial, "A" Height and Area, property located at •
1134 Lincolnway East, City of South Bend is sent to the
Common Council with a favorable recommendation as
tendered
PLEASE NOTE that the Ordinance has been amended by the petitioner to include a
legal description 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.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
r �
March 19, 1986
The Honorable Common Council
Page Two
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: Robert S. and Virginia H. Currey
S. J. Enterprises
Kevin Butler
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STAR= REPORT
ROBERT S. AND 'VIRGINIA H. CURREY #10010-86 March 5, 1984
1134 Lincolnway East
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"B" Residential , "A" Height and Area and "C"
Commercial , "A" Height and Area to "C" Commercial ,
"A" Height and Area to allow the continued use of
a non-conforming building.
EXISTING LAND USE: The property contains a commercial structure used
for offices.
SURROUNDING LAND USE AND ZONING: Located to the north across Lincolnway East is the
St. Joseph River; to the east is a single-family
structure; to the south are railroad tracks and to
the west is the Duality Printers business.
ACCESS: Access to the site is from Lincoinway East.
DRAINAGE: The drainage is being accommodated by drywells.
DATA: The total site to be rezoned is 1.2 acres. Of
that, the building occupies 11 ,924 square feet, or
227. of the site; the parking and drives will
occupy 39, 181 square feet, or 72.3% of the site,
and 3, 125 square feet or 5.7y. of the site will
remain as open space.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
"1. City water and sanitary (sewer) are
available to the site.
2. Storm water must be addressed at a rate
of 30 gal . /100 sq. ft. of roof and paved
area. This includes the parking area on
i ots 29 and 30.
3. The boundary survey is incorrect. Need
to show City property (Lot AA is public
property belonging to the Municipal City
of South Bend) . "
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REZONING FROM "B" RESIDENTIAL "A" HEIGHT AND AREA AND
"C" COMMERCIAL, "A" HEIGHT AND AREA
TO: "C" COMMERCIAL, "A" HEIGHT AND AREA
PETITION AREA NORTH
"A" RESIDENTIAL I 1
"B" RESIDENTIAL
"C" COMMERCIAL 11111111 .
"D" LIGHT INDUSTRIAL