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HomeMy WebLinkAboutZoning - 2530 Kenwood AveORDINANCE No 6865 -80 Passed by the Common Council of the City of South Bend, Indiana December 8, 1980 IRENE K. GAMMON W( Presented by me to the Mayor of the City of South Bend, Indiana �- -��.- • City Clerk of Common Council City Clerk IRENE K. GAMMON Approved and signed by me_- la . Q ,.,,1 L' q i Address-of Property: 2530 Kenwood Avenue South Bend, Indiana ORDINANCE NO. e.f6 S7 Pe 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: PARCEL I: A lot or parcel of land 16 feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered 65, and another lot or parcel of land 12 feet in width, East and West, taken off and from the entire length of the East side of Lot Numbered 66, all as shown on the recorded Plat of Kaley's Subdivision, now within and a part of the City of South Bend. PARCEL II: A strip of land 28 feet in width, taken off of and from the entire length of the West side of Lot Numbered 66 as shown on the recorded Plat of Kaley's Subdivision, now within and a part of the City of South Bend. PARCEL III: Lots Numbered 67 and 68 as shown on the re- corded Plat of Kaley's Subdivision, now within and a part of the City of South Bend, be and the same is hereby established as D Light Industrial, F Heighth 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. 1st READING 'd -- % :y — Sl�Q PUBLIC NE4,Ri'4ia /a 2nd READMG NOT APPROVED REFERRED PASS9D r of the Common Counc FW III MS ff FOUR OCT 8 1980 Irene Gammon Cjw CLERK, S001H BEND, IND. APPLICATION AND PETITION TO AMEND ZONING ORDINANCE Date Filed: October , 1980 Application Number Date Area Plan Commission Received We, the undersigned, Berto N. Marroni and John N. Marroni, make application and petition to amend the zoning ordinance as herein re- quested. 1. Property sought to be rezoned is located at: 2530 Kenwood Avenue, South Bend, Indiana 2. Name of the property owners: Berto N. Marroni 67403 Lake Trail Lakeville, IN 46536 Telephone: (219) 784 -8432 John N. Marroni 901 Widener Lane South Bend, IN 46614 Telephone: (219) 234 -0689 3. It is desired and requested that this property be rezoned from: B Residential, B Heighth and Area District to D Light In- dustrial,F Height and Area District. 4. This rezoning is requested so as to allow the following uses: a. The use of this property and the buildings contained thereon for the operation of a vending business including the warehousing of inventory, preparation of foods for vending machines, and, of course, the sale of vendable goods. This property has been utilized for the operation of a vending business since 1960. It is intended that the same type of an operation will continue in the future. This application for rezoning is requested so as to clear much confusion which pre- sently exists in reference to the uses and zoning of this property in question so as to relieve problems and frustrations presently being suffered by the Area Planning Commission, Board of Zoning Appeals and the City Building Department, as a result of the confusing past. The intent of this petition is to establish once and for all the proper zoning classification which will allow this business to continue as it has in the past, unimpeded. 5. Attached is a copy of (a) legal description of the property; (b) a list of the names and addresses of all property owners within 300 feet of the petition property; (c) a site plan; (d) self- addressed, stamped envelopes of all property owners within 300 feet of the petition property; and, (e) an existing plot plan. to V .0 Berto N. Marrohi 67403 Lake Trail Lakeville, Indiana 46536 / 9 o n N. arroni 901 Widener Lane South Bend, Indiana 46614 Petition Prepared By: Thomas M. Walz Attorney at Law Suite 328 JMS Building South Bend, Indiana 46601 Telephone: ( 219) 232 -5988 -2- tin if l am OCT 81980 Irene GaMMM OW QN, UWAM so. EXHIBIT "A" Real Estate located in St. Joseph County, Indiana, to -wit: PARCEL I: A lot or parcel of land 16 feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered 65, and another lot or parcel of land 12 feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered 66, all as shown on the recorded Plat of Kaley's Subdivision, now within and a part of the City of South Bend. PARCEL II: A strip of land 28 feet in width, taken off of and from the entire length of the West side of Lot Numbered 66 as shown on the recorded Plat of, .ga:LeX_'s Subdivision, now within and a part of the City of South Bend. PARCEL III: Lots Numbered 67 and 68 as shown on the recorded Plat of Kaley's Subdivision, now within and a part of the City of South Bend. THOMAS M. WALZ ATTORNEY AT LAW ASSOCIATED WITH: SUITE 328 JMS BUILpING WILFORD V. WALZ SOUTH BEND, INDIAWA 46601 AREA CODE 219 S EYMOUR WEISBERGER TELEPHONE 232 -5988 October 8, 1980 Area Planning Commission City Clerk of South Bend Building Department of South Bend and Zoning Board of Appeals County -City Building South Bend, Indiana 46601 Ladies and Gentlemen: Please find enclosed the following documents which I have prepared on behalf of Messrs. Berto N. Marroni and John N. Marroni: 1. Application and Petition to Amend Zoning Ordinance with the documents attached thereto. 2. A form of order to amend the zoning ordinance #4990 -68. 3. Envelopes addressed to the owners of the real estate within a 300 foot circumference range of the real estate sought to be rezoned hereby. It is the desire and intent of Messrs. Marroni that these documents are properly prepared and will be of assistance in the rezoning re- quested herein. In the Application and Petition to Amend Zoning Ordinance, Messrs. Marroni are requesting that their property on which they are presently carrying on a vending /catering business at 2530 Kenwood Avenue, which is presently zoned B Residential, B Heighth and Area District, be re- zoned to D Light Industrial, F Heighth and Area District. It probably is surprising to you that an F Heighth and Area District request is being made. The sole reason for this broad heighth and area district is to qualify the rear setback requirement which requires 25 feet to the middle of the alley which borders the rear of the business property mentioned above. Messrs. Marroni would like to re- assure all of you that at no time do they intend to utilize the F Heighth and Area District to its maximum restrictions including the construction of a several story building. Messrs. Marroni have re- quested that I bring this to your attention so that when you notice this request for F Heighth and Area District, you understand that the intent is solely to make the present existing location and configuration of the above described business property and the buildings thereon comply with the present zoning ordinance of South Bend, Indiana. Should there be any questions relating to any of the documents enclosed Area Planning Commission City Clerk of South Bend Building Department of South Bend Zoning Board of Appeals October 8, 1980 Page Two herein or should any other information be needed feel free at your convenience to contact meat the above address or telephone number and my services will be made available to you. Thank you for your time. Respec lly yon omas M. Walz Attorney at Law TMW:br Enclosures TommUtty, Irvart Rio tot Tommon Qlounril of #ter f y of Ovid4 jornb: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2530 KENWOOD.) Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. WALTER M. SZYMKOWIAK Chairman FREE PRESS PUBLISHING CO.