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Home My WebLink AboutRezoning 2254 Portage AvenueORDINANCE No. ~ ~~~ Passed by the Common Council of the Ciry of South Bend, Indiana October 14, Attest: Attest: 20 02 Presented by me to the Mayor of the City of Socrth Bend, Indiana October 17 2002 Ciry Clerk President of Common Council City Clerk October 18, 02 Approved and signed by me 20 _ Mayor ORDINANCE NO. q 3 5 ~ - ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Ordinance No. 4990-68, is 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: The first 125 feet of the property as measured from Portage Avenue along the south property line which is zoned commercial of the property with the legal description below as measured Portage Avenue along the south property line. That part of the Northeast Quarter of the Northeast Quarter of Section 34, T. 38 N., R. 2 E., St. Joseph County, Indiana which is described as; Beginning at a Point on the East line of said Section at a point 100.40 ft. South of the Northeast Corner of said section; thence, South along the East Line, 106.30 ft.; thence, West parallel with the North line of said Section, 797.30 ft. to the Centerline of Portage Road; thence, N. 23 degrees and 44 minutes W., 117.00 ft.; thence, East, 845.60 ft. to the Point of Beginning. Excepting: the East 300.00 ft. thereof. Subject to all recorded highway easements. be and the same is hereby established as "A" Residential , "A" Height and Area. SECTION II. 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. ~~ Member of the Common Coun it ~,~ti_av 1st READING PUGLiC HEARING ~ p-ly-f1Z 3 rd READING l0 -~ ~-G~ NOT APPRQVFA \~ o.v REFERRED ~'~' ~~ PASSED ` Q ~a~~-~~^ Filed in ~I~rk's Officc LORETTA J. DilBA CITY C9.EF11~, 80. BEId9, itd. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 58-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman Revised 1/92 Date Filed Application No. 2164-02 Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2254 Portage Avenue, South Bend, Indiana 2) Name and address of property owner(s) of the petition site: Bart M. and Doris A. Saucelo 2254 Portage Avenue South Bend, Indiana 46616 3) Name and address of contingent purchaser(s), if applicable: Ricardo Obispo and Romeo Obispo 1407 Lincolnway West South Bend, IN 46628 4) It is desired and requested that this property be rezoned from: "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to: "A" Residential, "A" Height and Area 5) This rezoning is requested to allow the following use(s): To allow uses permitted in the "A" Residential District. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. /~/9w1 ~~ ~~~ Bart M. Saucelo CONTACT PERSON: ~ a~~ Bart M. Saucelo Doris A. Saucelo 224 Portage Avenue South Bend, IN 46616 (574) 287-8487 Filed in Cierk's Office ~~~ ~ ~ X00?_ LORETT/1 J. DQlDS, CITY CLERFS. ~0. aEPiD, €~~. r__~___.,iQ 2109 ~ NAME 1: ?. 3: ADDRESS: Il 7.I:P CODE: CITY/STATE 404401 ___. TAX 2003 PAY 2004 MOORE THOMAS E & JAYME L 2245 BEVERLX PL 46616 SOUTH $END, IN -°- TAX 2003 PAX 2004 ~, 18 2115 4203 NAME 1: MINNES LOUIS C..JR. AND PATRTCIA J. 2: 3: ADDRESS: 2222 PORTAGE AVE. 7.IP CODE: 46617 -~~ i~ CITY/STATE: SOUTH BEND, IN -- i ~ _ '18 2109 4043 TAX 2003 PAY 2004 i~ NAMF l: OAK ENTERPRISES INC 2: 3: ADDRESS: 2300 PORTAGE AV 7.IP CODE: 46628 CITY/STATE: SOUTH BEND, IN } ~~--18 2114 4165 TAX 2003 PAY 2004 NAME 1: VANDEWALLE JULIAN L & EVELYN L ~ 2: ~ VANDEWALLE PAUL J 3 : ,~ ADDRESS: 2255 PORTAGE AVE ZIP CODE: 46616 y CITY/STATE: SOUTH BEND, IN 1F 2115 4200 TAX 2003 PAY 2004 i~ ` NAME 1: SCOPELITI9 MICHAEL P & JOLYNN ~~ ~I 3 ~ ADDRESS: 2238 PORTAGE AV I ~I 7.IP CODE: 46616 ~ Ij CITY/STATES SOUTH BEND, IN ~ 25 2192 7232 TAX 2003 PAY 2004 { 'I NAME 1: SOLOEWENNGROUPUINCT4~26INORLAND AVE 2: ~ 3: BURNABY BRITISH COLUMAIA V5G3S8 ADDRESS: 2257 PORTAGE AV I ?.IP CODE: 46616 II CITY/STATE: SOUTH BEND, IN j I~ 18 2115 4201 ~ TAX 2003 PAY 2001 ~~ NAME l: ROBERTS MARK & PHILIP I 2: ~! ADDRESS: ~ 570 SANDHURST DR APT 205 I 3~ ~ ZIP CODE: 55113 ~ I CITY/STATE: SAINT PAUL, MN 'II 18r. E115 MIONNE3 LOUIS C PATRICIA3 JP~A~ 2004 _--~~ i~ ~~ ADD S: 2222 PORTAGE II CITY/S.CATE: SOUTH BEND IN / ~ l J' I i r i i i r 1 r' ~: _ ~i._ ;~ .'s 8 2114 416601 s TAX 2003 PAY 2004 NAME 1: CELMER TIMOTHY D & MARY ANN 2: 3: ADDRESS: 2239 PORTAGE 'LIP CODE: 46616 - j CITY/STATE: SOUTH BEND, IN ~_ - 18 2114 4170 TAX 2003 PAY 2004 NAME 1: SMITH RALPH J & ANN L A9 CO TRUSTEE 2: 3: ADDRESS: 2215 PORTAGE AVE. ZIP CODE: 46616 CITY/STATE: SOUTH BEND, IN 18 2114 4168 "' TAX 2003 PAY 2004 ,~ NAME 1: GERHOLD ROBERT & TAYLOR CHRISTINE A 3• ADDRESS: 2227 PORTAGE AV I ZZP CODE: 46616 I CITY/STATE: SOUTH BEND, IN ~~ 18 2114 416701 TAX 2003 PAY 20G4 ~~ NAME 1: ORNAT J RUDY 7. 3: ADDRESS: 2231 PORTAGE AV ` ZIP CODE: 46616 ~~ i CZTY/STATE: SOUTH BEND, IN ~ ~~ _- TAX 2003 PAY 2004 ~ 18 2114 4169 NAME 1: OLIVER DOROTHY M AND RUTH I. DAVIS i 2: 3: ADDRESS: 2221 PORTAGE AVE. • ZIP CODE: 46613 ~ CITY/STATE: SOUTH BEND, IN ~il~d ire Ci~ri;'s C?ffic~ ~ RUC J ~ ?.0~2 LORETTq J. OfJ~Pi ~P ' C17y CL6R~, ~. gEPlC~ P; d. E `! - ~ ~ Area Plan Commission of St. Joseph County - 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 September 18, 2002 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance of Bart M. and Doris A. Saucelo to zone from "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area, property located at 2254 Portage Avenue, City of South Bend - APC #2164-02 Dear Council Members: The above referenced ordinance of Bart M. and Doris A. Saucelo was legally advertised September 5, 2002. The Area Plan Commission at its public hearing on September 17, 2002, took the following action: Upon a motion by Carl Littrell, being seconded by Robert Hawley and unanimously carried, the pro osed ordinance of Bart M. and Doris A. Saucelo to zone from "A" Residential "A" Height andpArea and "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area, property located at 2254 Portage Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed rezoning would brieg the entire site into conformance with the current land use and will be more compatible with the adjacent residentially zoned neighborhood than the commercial uses that could be developed under the existing zoning. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public heanng, 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. S' el , ~~~ b . S to RWS:sr Attachment CC: Bart M. and Doris A. Saucelo CC: Ricardo and Romeo Obispo Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT September 9, 2002 Bart M. and Doris A. Saucelo 2164-02 Location: 2254 Portage Avenue City of South Bend RE UESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area to allow uses permitted in the "A" Residential Zoning District. EXISTING LAND USE: The property currently contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north is a cemetery and cemetery property zoned "C" Commercial, "D" height and area and "A" Residential, "A" height and area; to the east and south are single-family homes zoned "A" Residential, "A" height and area; and to the west across Portage Avenue is a commercial business zoned "C" Commercial, "D" height and area and single-family homes zoned "A" Residential, "A" height and area. ACCESS: Access to the site is from Portage Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1 acre. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no flood hazards, wetlands, or environmental hazard areas are present. However, a public well is located northeast of the site. SITE PLAN: A site plan is not required for rezonings to "A" Residential. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The proposed rezoning would bring the entire site into conformance with the current land use and will be more compatible with the adjacent residentially zoned neighborhood than the commercial uses that could be developed under the existing zoning. "A" RESIDENTIAL ~~ ApC # 2164-02 "B" RESIDENTIAL D "C" COMMERCIAL ~_~ 0 200 400 800 Graphic Scale PETITION AREA REZONING FROM: "C" COMMERCIAL, "D" HEIGHT 8~ AREA, 8~ "A" RESIDENTIAL, "A" HEIGHT & AREA TO: "A" RESIDENTIAL, "A" HEIGHT 8~ AR \ ~ SOUTH BEND EXISTING ZONING I ~1