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Home My WebLink AboutZoning - 107 S Greenlawn AveORDINANCE No 6667 -79 Paused by the Common Council of the City of South Bend, Indiana_ November 15 19 79 Attest: City Clerk IRENE K. GAMMON �� Pr Presented by me to the Mayor of the City of South Bend, Indiana November 16 19—Z-9 of Common Council IRENE K. GAMMON Approved and signed by me 9 ---F- Clerk 107 S. Greenlawn Avenue South Bend, IN 46617 ORDINANCE NO. tq � (0 % r i S 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: A part of the West half of the North East quarter of Section No. 7, Township 37 North, Range No. 3 East, which part is bounded by a line running as follows, viz: Beginning at the intersection of the Northerly line of Jefferson Boulevard in the City of South Bend, with the West line of Greenlawn Avenue in said City, thence running North along the West line of said Greenlawn Avenue, a distance of 993.13 feet; thence West 423.6 feet to the East,_line of Esther Street in said City; thence South along the East line of said Esther Street, a distance of 891.12 feet to'the Northerly line of said Jefferson Boulevard; thence South Easterly along the Northerly line of said Jefferson Boulevard, a distance of 435.57 feet, to the place of beginning. be and the same is hereby established as "B" Residence District, "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. 1st READING 9 ' 13 ' 1 PUBLIC HEARING I ( - I-a - % q 2nd READING I I- I a- 7 cJ NOT APPROVED REFERRED PASSED C I .%l o-11 / of the C6mmon Counc r'- FILED IN L ' OFF"Iff AUG 8 1979 Irene Gammon CITY CLERK, SCUM BEND, IND, NOTE This petition is to be typewritten or printed in ink. Completed petition is to be filed with City Clerk or County Council. Date Filed Application Number Date Area Plan Commission Received I (We) the undersigned make application and petition the Common Council of South Bend, Indiana to amend the Zoning Ordinance as herein requested. 1) The property sought to be rezoned is located at: 107 S. Greenlawn Avenue, South Bend, Indiana 46617 Address (in County give nearest intersection) 2) Name of property owner: Name Sisters of St. Joseph, Third Order of St. Francis Address 107 S. Greenlawn Avenue City, State, zip and phone South Bend, Indiana 46617; 233 -1166 3) It is desired and requested that this property be rezoned from District "B" Residence District, "C "Height & Area/ to "B" Residence District, "B" Height & Area District 4) This rezoning is requested so as to allow the following use (s): 80 residential living units 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. Gaylen W. Allsop, Attorney at Law Petition prepared by Suite 513 Chamber of Commerce Bldg. 224 W. Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 288-4431 Signature of Petitioner(s) John Phair,Holladay:Corp. 3043 N. NdrwayyMaple C ur o.Bend,IN 46628 Addres Optioner 1 j Tele. 232 -4845 Inte s in `15roj6ekty i.e. owner , opti n , attorney, etc.) Sister Bernardine Dominick President,Sisters of St. Joseph 107 S. Greenlawn Avenue South Bend, IN 46617 Owner EXHIBIT "A" Legal. Description of: 107 S. Greenlawn Avenue South Bend, Indiana 46617 A part of the West half of the North East quarter of Section No. 7, Township 37 North, Range No. 3 East, which part is bounded by a line running as follows, viz: Beginning at the intersection of the Northerly line of Jefferson Boulevard in the City of South Bend, with the West line of Greenlawn Avenue in said City, thence running North along the West line of said Greenlawn Avenue, a distance of 993.13 feet; thence West 423.6 feet to the East line of Esther Street in said City; thence South along the East line of said Esther Street, a distance of 891.12 feet to the Northerly line of said Jefferson Boulevard; thence South Easterly along the Northerly line of said Jefferson Boulevard, a distance of 435.57 feet, to the place of beginning. 9 AR9PLAN COMMISSION OF EPH COUNTY, IN Room 1140 County -City Building September 25, 1979 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: HOLLADAY REZONING PETITION, PROPERTY LOCATED ON THE NORTH SIDE OF JEFFERSON BOULEVARD, BETWEEN GREENLAWN AND ESTHER STREET, CITY OF SOUTH BEND. Gentlemen: The Area Plan Commission, at its regular meeting of September 18, 1979, held a public hearing on the above noted petition but was unable to for- ward a recommendation to the Common Council. The Commission found itself in an unavoidable position. State law requires that in order for a Commission to conduct business, nine members must be present. In addition, for the Commission to take an official position, nine members must concur in the action rather than a majority of those present. Since there were only nine members present at the September 18 meeting, any action required an unanimous vote. On this rezoning petition, the motions and votes were as follows: A motion for an unfavorable recommendation failed following an eight for, one against vote. A motion to table failed following a seven for, two against vote. A motion for a favorable recommendation failed following a seven for, two against vote. A motion for no recommendation also failed, and, An amended motion to table failed following an eight for, one against vote. Finally the Commission voted unanimously in favor of instructing its Executive Director to forward a letter to the Common Council explaining the Commission's predicament on the Holladay Corporation rezoning petition along with the minutes of the meeting, which will follow at a later date. Although this predicament could have happened with 16 members present, the Commission can usually obtain nine votes for or against a motion with 12 members present. Telephone calls prior to the meeting indicated that 12 members would be present for the September 18 meeting. Only nine members, however, were present at that meeting. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN Holladay Corporation September 25, 1979 Page 2 The Commission has continually attempted to have our State enabling legislation amended whereby something other than a majority of the Commis- sion can forward a recommendation to a legislative body. This amendment need not affect those matters on which the Commission has authority to approve. The predicament has not been unexpected. Unfortunately, it occurred on a major rezoning issue rather than a simple matter, such as a petition to vacate an alley or street. Very Sincerely, Richard S. Johnson Executive Director RSJ /scb cc John Phair Gaylen Allsop flnmtuttUr I rport (!o #4e frommon (00unril of tot (ai#g of OXW4 wend: 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) (107 S. GREENLAWN) Respectfully, report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman "KE PR640 FUB610NINQ M