HomeMy WebLinkAboutZoning - 1031-1045 E Miner StreetORDINANCE No 6758 -80
Passed by the Common Council of the City of South Bend, Indiana
March 10
IRENE K. GAMMON
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 11
Clerk
of Common Council
—� City Clerk
IRENE K. GAMMON
Approved and signed by me Q,— c — \ Z
1031 -1045 E. Miner Street.
ORDINANCE NO (0 16:0
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68
AS AMENDED, COF �� ONLY 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 ord
that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of
Indiana:
Lots Numbered Forty -five (45), Forty -six (46),
Forty -seven (47) and Forty -eight (48) as shown
on the recorded Flat of Lederer and Longley's
Subdivision to the City of South Bend, recorded in
Flat Book 4, page 19,
be and the carne is hereby established as "C" Commercial and
"B" Height' &: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.
L-&AI
Member of the Com on Council. ,_
2nc11 READING
NOT APPROVER
REFERRED.
PASSES . ,y � ;;•. fd _ �r�
rn I signed only to provide an
opportunity for public diocussion
and Council action on the issue,
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CITY CLERK, SOUTH BEfd0, NO.
Date Filed
Application No.
Date Received by the Area Plan Commission
I, the undersigned make application and petition the
Common Council of the City of South Bend, Indiana to amend the
Zoning Ordinance as herein reauested.
1) The property sought to be rezoned is located at
1031-1045 E, Miner Street, South Bend, Indiana, 46617.
2) Name of property owner:
Dell Owens
1832 Rockne Drive
South Bend, Indiana, 46617; Phone 234-9500-
3) It is resired and requested that this property be rezoned
from "B" Residential, "B" Height & Area
to "C" Commercial, "B" Height and Area.
4) This rezoning is requested so as to allow the following use:
Carry-out Barbecue Pit.
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 wit-hin.300 feet of the petition property.
�Pjf�tion T
18�2 Rockne jiz�j_ve.,South Bend,IN,
UVINER.
OUz TER.
Petition prepared
TommtUrr Irpurt
0010 #4e (IIommou (foundl of t4r (ng of #Vrd4 Wrnh:
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.)
(1031 -1045 E. MINER ST.)
Respectfully report that they have examined the matter and that in their opinion
Chairman
FREE PRESS PUBLISHING CO.
9 AREqPLAN CO MMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
February 20, 1980
The Honorable Common Council
City of South Bend
4th Floor, County -City Bldg.
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 Dell Owens to zone
from "B" Residential, "B" Height and Area to "C" Commercial, "B"
Height and Area, property located at 1031 -1045 East Miner Street,
City of South Bend.
Gentlemen:
The attached rezoning petition of Dell Owens was legally advertised on
February 9, 1980. The Area Plan Commission gave it a public hearing on
February 19, 1980, at which time the following action was taken:
Upon a motion by Paul Klein, being seconded by Rene Vandewalle,
and carried, the proposed ordinance and site development plan
of Dell Owens 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 yours`,,
Richard S. Johnson
Executive Director
RSJ /scb
Attachment
cc Dell Owens
Bruce Hammerschmidt
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
STAFF' REPORT
DELL OWENS #691-80
1031 -1045 E. Miner Street, South Bend
REQUESTED ACTION:
PURPOSE:
EXISTING LAND USE & ZONING:
SURROUNDING LAND USE & ZONING:
APPLICABLE REGULATIONS:
ACCESS:
DRAINAGE
BATA:
SITE PLAN:
AGENCY COMMENTS:
January 31, 1980
Rezoning from "B" Residential, "B" Height and Area to
"C" Commercial, "B" Height and Area.
Construction of a carry -out barbecue pit.
Vacant land and single - family house, "B" Residential,
"B" Height and Area.
North - Single family houses, "B" Residential, "B"
Height and Area
East - Home Occupation (dentist), "A" Residential
"B" Height and Area
South - Single - family houses, "B" Residential, "B"
Height and Area
West - Single - family house, "B" Residential, "B"
Height and Area
One parking space per three persons based upon maximum
capacity.
One point off Miner Street and one point off the east -
west alley to the north.
Not addressed.
Total Area
- 13,860
square
feet
Building
- 576
square
feet, 4 percent of site
Parking /Drive
- 1,980
square
feet, 14 percent of site
Grass Area
- 11,304
square
feet, 82 percent of site
Preliminary
The City Engineer had these comments: "1. City
sanitary sewers and city water are available to this
site. 2. Storm water must be retained by drywells per
city requirements. 3. The drive -in window storage must
be sufficient for five vehicles before approaching the
order board /window. It appears as though the petition
submitted is deficient by four vehicles. 4. Use of
the public alley for access is acceptable, however it
must be widened a minimum of 22' and improved to
facilitate public through traffic. It is noted that ac-
cess to Eddy Street will require an Indiana State
Highway Commission approval and permit. 5. Driveways
shall also be 22' minimum in order to accommodate either
two -way traffic or to allow passing of vehicles stopped
in the waiting line. 6. Most carry -out restaurants
have either inside carry -out windows, inside seating,
or inside stand -up counter eating areas -all of the above
require one space per three persons. Insufficient
information is presented to comment on these needs.
7. It is requested that the Area Plan Commission take
steps to restrict access from other portions of this site,
should future development occur. Common ingress and
egress is requested for the entire area being petitioned.