HomeMy WebLinkAboutZoning - 742 East Ireland RdORDINANCE No 6793 -80
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Jun
Ir 0 k
ity r-1 I ENE K. GAMMON
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
I
June 24 i9 80
IRENE K. GAMMON
�9 �a
Clerk
742 East Ireland Road - the South-
west corner of the intersection of
East Ireland Road and South High
Street.
ORDINANCE NO. � 7 Q 3 -RC)
AN ORDINANCE AMENDING ORDINANCE NO. 4490 -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:
A parcel of land in the Southeast Quarter (1/4)
of Section Twenty-five (25), Township Thirty -
seven (37) North, Range Two (2) East, described
as follows: Beginning on the East and West
center line of said Section at a point 1225
feet West of the East line of said Section 25;
running thence South parallel with and 1225 feet
West of the East line of said Section, a dis-
tance of 307 feet; thence West 111.2 feet; thence
Northerly 307 feet to a point on East and West
center line of said Section 25, 1342.25 feet
West of the East line of said Section 25; thence
East along said East and West center line, 117.25
feet to the place of beginning, now within and a
part of the City of South Bend, in St. Joseph
County, Indiana.
be and the same is hereby established as "B" Residence District, 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.
of the Common Cou
FILED I CLERR"S 0FFIliE
APR 1 1,980
ls! READING
PUBLIC HEARING Irene GaMMOP
2nd READING -a 3— CITY CLERK, SOU H B RU
NOT APPROVED
REFERRED "'-
PASSED a >,;z 3>
Tommdur Irvort
Xv toe (10mum Touura of thr (tty of Oou1411euk:
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)
(742 E. IRELAND ROAD)'
Respectfully report that they have examined the matter and that in their opinion THIS BILL BE RECOMMEND TO THE
COUNCIL FAVORABLE.
WALTER M. SZYMKOWIAK
Chairman
FRE[ PRESS PUBLISHING CO.
9 AREqPLAN CO MMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
May 21, 1980
The Honorable Common Council
City of South Bend
4th Floor, County -City Building
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 Joseph Gosztola,,
O.D., to zone from "A" Residential, "A" Height and-Area to "B"
Residential, "A" Height and Area, property located at 742 East
Ireland Road, City of South Bend
Gentlemen:
The rezoning petition of Joseph Gosztola was legally advertised on May 10,
1980. The Area Plan Commission gave it a public hearing on May 20, 1980,
at which time the following action was taken:
Upon a motion by Rene Vandewalle, being seconded by William
Limerick and unanimously carried, the proposed ordinance and
site development plan of Joseph Gosztola, O.D., is returned
to the Common Council with a favorable recommendation subject
to a final site plan. The "B" Residential zoning and the proposed
uses within an existing building will serve as a buffer between
the commercial area to the east and the residential area to the
west.
The above recommendation is made subject to a final site plan and the
preliminary site plan is attached.
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 /scb
Attachment
cc Jack Dunfee
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
STAFF REPORT
JOSEPH GOSZTOLA, O.D. #702 -80 May 8, 1980
742 East Ireland Road, South Bend, IN
REQUESTED ACTION: This petition is for rezoning from "A" Residential,
"A" Height and Area to "B" Residential, "A" Height
and Area, to allow for a "principal office of two
professional persons; one of which will be the
petitioner, the second being unknown but to be
allowable within the uses specified for the "B"
Residence District ".
EXISTING LAND USE: The property is now being used as a single - family
dwelling.
SURROUNDING LAND USE AND ZONING: To the north is a golf course, zoned "A" Residential,
"A" Height and Area; to the east is the Slenderform
Health Spa, zoned €'C" Commercial, "A" Height and
Area; and, to the south and west is a single- family
house, zoned "A" Residential, "A" Height and Area.
APPLICABLE REGULATIONS: Parking requirements are one space per 400 square
feet of floor area or one per employee, whichever
is greater, for office uses�or five spaces per
doctor. Any parking lot within 50 feet of a
Residence District must be screened visually by
a hedge or wall not less than six feet in height
as prescribed by the Ordinance.
ACCESS: The new parking lot will have access to High Street.
The existing driveway to Ireland Road will be re-
moved, and the drive to High Street will remain.
DRAINAGE: The petitioner has not addressed drainage.
DATA: The total site is 31,633 square feet in area. Of
that, 7.9 percent or 2,510 square feet is devoted
to the building; 16.7 percent or 5,276 square feet
will be paved, and 75.4 percent or 23,847 square
feet is proposed to be open space.
SITE PLAN: The site plan can be considered a final, if the
screening of the parking lot is deemed adequate.
AGENCY COMMENTS: The City Engineer has the following comments:
1. City water, city sanitary sewers, and city
storm sewers are available to this site. 2. As
per the petition, Paragraph No. 4, the access onto
East Ireland Road shall be closed. 3. The driveway
widths shall be increased to 22 feet with a 15 foot
ingress and 10 foot egress radii. 4. It appears
as though parking, as provided on the site plan,
is sufficient to meet the proposed usage for two
doctors.
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CAMBRIDGE
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ROE KE OR, - -
MAT ?HC V.', C
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HUFF MAN - b
REZONING FROM: A' RESID£NRAL , A' H6T. Q AREA
TO.- 'B' RES/OENrIAL, i0' Her 9 AREA
REMION AREA
A' RESIDENTIAL D
'C' COMMERCIAL
'C -I' COMMERCIAL
C-Z'COMMERCIAL
NORTH T
PETITION FOR REZONING
Date Filed Application Number
Date Area Plan Commission Received
The undersigned makes application and petition to the Common Council
of the City of South Bend, Indiana to amend the Zoning Ordinance as herein
requested.
1)
2)
3)
The property sought to be rezoned is located at:
742 East Ireland Road - the Southwest corner o
section of East Ireland Road and South High St OFFICE
Name of property owner:
APR 1 14980
Name - Mary G. Lipp
Address - 742 East Ireland Road Trees Gammon
City, State, zip and phone - South Bend, IndianaR"VOU`V23@0,0.291 -0769
It is desired and requested that this property be rezoned from
"A" Residence District and "A" Height and Area District to "B " Residence
District and "A" Height and Area District.
4) This rezoning is requested so as to allow the following use (s):
Principal office of two professional persons, one of which
will be Petitioner, the second being unknown but to be
allowable within the uses specified for the "B " Residence
District, including the provision for ten (10) offstreet
parking spaces; the only external changes to be made to the
existing property are the addition of a ten (10) space
parking facility South and adjoining the residence structure
and the elimination of the access onto East Ireland Road.
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) self- addressed, stamped
envelopes of all property owners within 300 feet of the petition property.
EXHIBITS
A -Legal Description
B -Names and Addresses of Property
Owners Within 300 Feet
C -Site Development Plan
Petition prepared by:
Jack C. Dunfee, Jr.
THORNBURG, McGILL, DEAHL,
HARMAN, CAREY & MURRAY
Sixth Floor, First Bank Building
South Bend, Indiana 46601
Telephone: (219) 233 -1171
JOSEPH A. GOSZTOLA, O.D.
H'y -
ignayureL of Petitione (s) -H' ttorne
ixth Floor, First Bank Buil g
South Bend, Indiana 46601
Address
Contract Purchaser
Interest in property (i.e. owner,
optioner, attorney, etc.)
EXHIBIT A
PETITION OF JOSEPH A. GOSZTOLA, O.D.
LEGAL DESCRIPTION
A parcel of land in the Southeast Quarter (1/4) of Section
Twenty -five (25), Township Thirty -seven (37) North, Range Two
(2) East, described as follows: Beginning on the East and
West center line of said Section at a point 1225 feet West
of the East line of said Section 25; running thence South
parallel with and 1225 feet West of the East line of said
Section, a distance of, 307 feet; thence West 111.2 feet;
thence Northerly 307 feet to a point on East and West center
line of said Section 25, 1342.25 feet West of the East line
of said Section 25; thence East along said East and West
center line, 117.25 feet to the place of beginning, now
within and a part of the City of South Bend, in St. Joseph
County, Indiana.