HomeMy WebLinkAboutZoning - 2318 ElwoodORDINANCE No- 6218 -77
Passed by the Common Council of the City of South Bend, Indiana.
September 12 ,n 77
K City Clerk
IRENE K. GAMMON
Attest: ff-4tfZ6. 611-
of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 13 19 77
IRENE K. GAMMON
Approved and signed by me i em= -- I• • 19
Clerk
THORNBURG, MCGILL
DEAHL. HARMAN,
CAREY& MURRAY
2318 Elwood
South Bend, IN
ORDINANCE NO. ..L_A l j - 7 7
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDIANCE 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 (1/2) of the Northeast Quarter
(1/4) of Section 3, Township 37 North, Range 2 East,
described as beginning at the Southwest corner of the
intersection of Elwood Avenue and the first alley East
of Olive Street in the City of South Bend, which point
is 154.61 feet East of and 25 feet South of the North-
west corner of said Northeast Quarter (1/4) of said
Section 3; running thence South 183.2 feet along the
Westerly line of said alley to a point 40 feet North
of the Northeast corner of Lot 324 in Mayr's Michigan
Avenue Addition; thence West on a line parallel with
the North line of said Lot 324 in Mayr's Michigan
Avenue Addition a distance of 130 feet to the Easterly
line of Olive Street; thence North along the Easterly
line of Olive Street a distance of 183.2 feet to the
intersection of Olive Street and Elwood Avenue; thence
Easterly along the Southerly line of Elwood Avenue
a distance of 130 feet to the place of beginning.
be and the same is hereby established as "C" Commercial 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.
i�
Mei6b6r of the Common Cou cil
1st R_ ^.DING to - 13 "_2 7
PUEUC HEARING 5 - -'a?' 7 2
2nd READING 9-,/.?-
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NOT APPROVED
REFERRED Ck-� Elrw
PASSED 9 - /�p- i
NEED IN CLERK'S OFFICE
3 i":
Rene Gammon
CITY CLERK] SOUTH BEND, IND.
CITY OF SOUTH BEND
PETITION TO AMEND ZONING ORDINANCE
FOR OFFICIAL USE ONLY
Date filed with City Clerk Application No.
Date received by the Area Plan Commission
NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK. READ
THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF
FORM.
T (We), the undersigned, do hereby respectfully make applica-
tion and petition the Common Council of the City of South Bend, Indiana,
to amend the Zoning Ordinance of the City of South Bend as hereinafter
requested, and in support of this application, the following facts are
shown:
1. The property sought to be rezoned is located at:
2318 Elwood - South Bend, Ind.
2. The property is owned by:
Westville Auto, Inc.
Westville, Indiana
3. A legal description of the property is as follows:
A part of the West Half ( 2 ) of the Northeast Quarter(-!) 4
of Section 3, Township 37 North, Range 2 East, described
as beginning at the Southwest corner of the intersection
of Elwood Avenue and the first alley east of Olive Street in '
the City of South Bend, which point is 154.61 feet East
of and 25 feet South of the Northwest corner of said North-
east Quarter (4) of said Section 3; running thence South
183.2 feet along the Westerly line of said alley to a point
40 feet North of the Northeast corner of Lot 324 in Mayr's
Michigan Avenue Addition; thence West on a line parallel
with the North line of said Lot 324 in Mayr's Michigan
Avenue Addition a distance of 130 feet to the Easterly line
of Olive Street; thence North along the Easterly line of
Olive Street a distance of 183.2 feet to the intersection of
Olive Street and Elwood Avenue; thence Easterly along the
Southerly line of Elwood Avenue a distance of 130 feet to
the place of beginning.
(CONTINUE ON THE REVERSE SIDE, IF NECESSARY)
4. It is desired and requested that the foregoing property
be rezoned:
and commercial
From A ResidentiaWse and A Height and Area District
To C Commercial Use and A Height and Area District.
5. It is proposed that the property will be put to the
following use and the following building(s) will be constructed
(Include number of dwelling units, if residential):
Commercial Use - one -story Retail Store
6. Number of off- street parking spaces to be provided:
14
7. Attached is (a) an original ordinance and 25 copies;
(b) an original petition and 20 copies; (c) a $10 filing fee;
(d) an existing plot plan showing my property and other surrounding
properties; (e) names and addresses of all the individuals, firms
or corporations owning property within 300 feet of the property
sought to be rezoned; and (f) 5 copies of a site development plan.
WESTVILLE AUTO, INC.
Petition Prepared By: By Charles Sesniak, President
Richard W. Morgan
Attorney at Law
Thornburg, McGill, Deahl,
Harman, Carey & Murray
Sixth Floor, First Bank Building
South Bend, Indiana 46601
Exhibit A - Preliminary Site Development Plan
Exhibit B - List of Property Owners within 300 feet of property.
Exhibit C - Plot Plan
-2-
TommUtrr Irpor#
010 14e Tnmmnu Toundt of #ter (City of OVW4 ]pjtnk:
Your Committee OF THE WHOLE
to whom was referred
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) (2318 ELWOOD, SOUTH BEND, IND).
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
FREE PRESS PUBLISHING CO.
9 AR9PLAN COMMISSION RICHARD S. JOHNSON
OF PH COUNTY, IN Executive Director
Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571
July 20, 1977
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
In Re: A proposed ordinance and site development plan of
Westville Auto, Inc., to zone from "A" Residential and
1°C" Commercial, "A" Height and Area, to "C" Commercial,
"A" Height and Area, property located at 2318 Elwood
Avenue, City of South Bend
Gentlemen:
The attached rezoning petition of Westville Auto, Inc.,
was legally advertised July 9, 1977. The Area Plan Commission
gave it a public hearing on July 19, 1977, at which time the
following action was taken:
"Upon a motion by Joseph Serge, being seconded by
Kenneth Woods and unanimously carried, the petition
of Westville Auto, Inc., to zone from "A" Residential
and "C" Commercial, "A" Height and Area, to "C"
Commercial, "A" Height and Area, property located at
2318 Elwood Avenue, City of South Bend, is returned
to the Common Council with a favorable recommendation,
subject to approval of a final site plan, by the Area
Plan Commission."
The above recommendation is made subject to a final site
plan and the preliminary site plan is attached hereto.
If the Council should rezone this site, it shall have to
be subject to the submission of a final site plan.
The deliberations of the Area Plan Commission and
points considered in arriving at the above decision are shown
in minutes of the public hearing and will be forwarded to
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
The Honorable Common Council
City of South Bend
Page Two
July 20, 1977
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 Staff Report.
Very truly yours,
Richard S. Johnson
Executive Director
RSJ /bsj
attachments
cc: Charles Sesniak
Richard W. Morgan, Attorney