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Home My WebLink AboutZoning - 1802 Wereinski StreetORDINANCE No. 7036 -82 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Approved and signed by [T K. GAMMON March 16 _19_82 �L City Clerk of Common Council IRENE K. GAMMON M41 a Clerk Lot and Improvements located at 1802 Werwinski Street South Bend, Indiana ORDINANCE NO. 3�_�4 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 21, Municipal Code). BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section 1. 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 follow- ing described property in the City of South Bend, St. Joseph County, State of Indiana: Lot Numbered 92 as shown on the Recorded Plat of Kauffman Addition to the City of South Bend, Indiana. be and the same is hereby established as "B" residential and "A" height and area district. Section 2. 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. C.� A Member of the Common Council 1sF READING PUBLIC HEARING .3 • /S- 00.2_ 2nd READING j NOT APPROVED REFERRED PASSED FILED IM CLERK'S OFFICE JAN 6 1982 Irene Gammon CITY CON, $GOTH AENO, IND. Date Filed Application Number Date Area Plan Commission Received PETITION TO AMEND SOUTH BEND ZONING ORDINANCE WITH RESPECT TO DESIGNATED PROPERTY We, the undersigend make Application for and petition the Common Council the City of South Bend to Amend the zoning ordingnce in the particulars as herein requested: 1) The Street address of the property sought to be rezoned is 1802 Werwinski Street, South Bend, Indiana 46628. 2) The name of the record title owner is Mary Jo Gorski Roper, 430 North Taylor, South Bend, Indiana 46601, Phone number 287 -8142, and the names of the Land Contract buyers are Nicholas C. Kowalski, 1802 Werwinski Street, South Bend, Indiana 46628, Phone number 287 -0847, and Laura L. Weber, 2630 Houston Road, Mishawaka, Indiana 46544. 3) It is desired and requested that the involved property be rezoned from "D" Light Industrial and "F" Height and area to "B" Residential area "A" Height and area; 4) This rezoning is reqeusted to permit the Land Contractees or either of them to obtain a loan and pay off the balance due and owing on the Land Contract in accordance with its terms; no financial institution will make a loan on this residential property so long as it is zoned Industrial with the consequence that the Land Contractee`s cannot perform their contractural obligations and the legal Title owner is deprived of the value of her pro- perty when no need therefore exists in favor of the City for the involved property to continue to be zoned Industrial; Such property is used exclusively (and it is intended in the future to be used) for residential purposes and as a home /has never been used for Industrial business purposes and same is and predominately situated in an area consisting mostly of homes in which people live but with some scattered Industrial and Commercial activities; thusly, this rezoning is requested so as to permit its continued long esta- blished use as residential with the only alternative an abandonment of the property inasmuch as it has and will not have any value as industrial pro- perty; the Land Contractee has been assured a residential loan if the zoning is changed to Residential but not otherwise; 5) There is attached the following: (a) legal description of property; (b) a list of names and addresses of all property owners within 300 feet of the involved property; (c) Site plan and (d) self - addressed, stamped envelopes of all property owners i PREPARED BY: LAND CONTRACTEES Mary Jo VVZkT Roper ITLE AND FEE OWNER David Keckley Attorney for Land Contractees 315 North Main Street, South Bend, IN 46601 AND Joseph Roper Attorney for Title Owner 430 North Taylor, South Bend, IN 46601 Date Filed Application Number Date Area Plan Commission Received LEGAL DESCRIPTION OF PROPERTY The legal description of 1802 Werwinski Street, South Bend, Indiana 46628 is as follows: Lot Number 92 Kauffman Place addition to the City of South Bend, Indiana STATEMENT OF CREDIT DENIAL, t4%1 national bank of South Bend Mr. Nick C. Kowalski 1802 Weizwinski St. South Bend, IN 46628 Dear Mr. Kowalski: TERMINATION OR CHANGE DATE January 4 is 82 The Federal Equal Credit Opportunity Act pro- hibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assis- tance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is: COMPTROLLER OF THE CURRENCY Consumer Affairs Division Washington, D.C. 20219 Your Application for (Description of account, transaction or requested credit): d" viol 1 d creclit in tt, of $12 Ono no and to he carer d by a mo gage an property 1 r te' at 1809 Idpizwinqki SQ. Ben, ;IN Your Application was requested by dealer (Name. Address) has been acted upon (Description of adverse action taken): and denied for the fQ11owjng.rPaSQn- PRINCIPAL REASONS) FOR ADVERSE ACTION CONCERNING CREDIT: ❑ Credit application incomplete. ❑ Insufficient credit references. • Unable to verify credit references. • Temporary or irregular employment. • Unable to verify employment. ❑ Length of employment. ❑ Insufficient income. ❑ Excessive obligations. ❑ Unable to verify income. • Inadequate collateral. • We do not grant credit to any applicant on the terms and conditions you request. • Too short a period of residence. • Temporary residence. • Unable to verify residence. ❑ No credit file. ❑ Insufficient credit file. • Delinquent credit obligations. • Garnishment, attachment, foreclosure, repossession, or suit. • Bankruptcy. Other, specify: National Bank cannot take a conventional residential mortgage on property that is zoned "1-Qht industrial." DISCLOSURE OF USE OF INFORMATION OBTAINED FROM AN OUTSIDE SOURCE Disclosure inapplicable. ❑ Information obtained in a report from a consumer re porting agency. Name: Street Address: Phone: ❑ Information obtained from an outside source other than a consumer reporting agency. Under the Fair Credit Reporting Act, you have the right to make a written request, within 60 days of receipt of this notice, for disclosure of the nature of the adverse Information. Nati r c & TY(st Co. of South Bend IP d(pg¢t �N�r s 1, address) r�CJ Addre112 W. Jeffe son Blvd. SB,IN 46601 Telephone No. 219- 237 -3380 fdnmttci##ee f�epm# an toe Common Monard of tot 04; of £oouta Ikuk- Your Committee OF THE WHOLE to whom was referred BILL NO. 9 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 12, MUNICIPAL CODE) (1802 WERWINSKI.) Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE TO THE COUNCIL FAVORABLE. JOHN VOORDE .... ..... .......... CO. Chairman 93 0 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building February 17, 1982 The Honorable Common Council City of South Bend County-City Bldg, 4th Floor South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: A proposed ordinance and site development plan of Mary Jo Gorski Roper to zone from "D" Light Industriial, "F" Height and Area to "B" Residential, "A" Height and Area, property located at 1802 Werwinski Street, City of South Bend Gentlemen; The attached rezoning petition of Mary Jo Gorski. Roper was legally advertised February 6, 1982. The Area Plan Commission gave it a public hearing on February 16, 1982, at which time the following action was taken: Upon a motion by Paul Klein, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Mary Jo Gorski Roper to zone from "D" Light Industrial, "F" Height and Area to "B" Residential, "A" Height and Area, property located at 1802 Werwinski Street, is sent to the Common Council with a favorable recommendation as tendered. 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 Executive Director RSJ /sr Attachment CC: Mary Jo Gorski Roper Joseph Roper, Attorney at Law Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT MARY JO GORSKI ROPER #767 -82 1802 Werwinski Street, South Bend February 5, 1982 REQUESTED ACTION: The petitioner is requesting a zone change from "D" Light Industrial, "F" Height and Area, to "B" Residential, "A" Height and Area, to allow a mortgage to be obtained for the property. EXISTING LAND USE: SURROUNDING LAND USE AND ZONING ACCESS: DRAINAGE: DATA: SITE PLAN: There is a single - family home on the site. Located to the north is a single - family home and a locker plant zoned "D" Light Industrial, "F" Height and Area; to the east is a storage building zoned "D" Light Industrial, "F" Height and Area; to the south is a display designer zoned "D" Light Industrial, "F" Height and Area; and to the west is a single - family home zoned "D" Light Industrial, "F" Height and Area. Access to the site is from Werwinski Street. The drainage for this site has not been addressed. The site is 4395.93 square feet in area. Since this rezoning deals with an existing single - family home, a site plan was not required. Ll cA K EA. I AVE �.1p ra •\\ FNV C li N.A ;I Lil LJ � tlNBWEN VAN � w 7i T_ 1 �iJ t`�•� t W W 1 �I '' ' � I W 1 w..e. .'t P �_ej ��i �i• J1 Q � < I NII '1, � YLJL-J� REZONING FROM; "D" LIGHT INDUSTRIAL, "F11 HGT. & AREA TO; "B" RESIDENTIAL, "A" HGT. & AREA PETITION AREA NORTH "A•" RESIDENTIAL �- "B" RESIDENTIAL "C11 COMMERCIAL "D11 LIGHT INDUSTRIAL T-�