HomeMy WebLinkAboutZoning - 2822 South Michigan StreetORDINANCE No. 5712 -74
Passed by the Common Council of the City of South Bend,
AUGUST 12
IRFNF K RAmmnm
Presented by me to the Mayor of the City of South Bend, Indiana
AUGUST 13, zg 74
Approved and signed by
Clerk
Of Common Council
IRENE K. GAMMON
Clerk
ORDINANCE NO. 5712 -74
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 21 OF THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA (2822 South
Michigan Street).
BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION 1. Chapter 21 of the Municipal Code of the
City Of South Bend, Indiana, be and the same is hereby amended,
supplemented and changed in Section 21 -6 thereof to provide that
the following described real estate located in the City of South
Bend, Indiana, to -wit:
Lot #27 - Plat of Eckman and Eckman
be and the same hereby is changed in its Use District Regulation
Classification from "B" Residential, "B" Height and Area, to
"C -1" Commercial, "B" Height and Area, the same to conform with
the site development plan submitted herein.
SECTION 2.
effect from an— d a er
approval by the Mayor
This ordinance shall be
its passage by the Common
and 1
Passed August 12, 1974, as
in full force and
Council, its
Tommittu Iepurt
On tke Tama ou Touurtl of tkt (city of fnuI4 ilrnd:
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 40,
MUNICIPAL CODE) - 2822 South Michigan
Street.
RespeaNly report that they have examined the matter and that in their opinion the Ordinance should be
recommended favorably to the Common Council, as amended:
Amend title to read: An Ordinance amending and supplementing
Chapter 21 of the Municipal Code of the City of South
Bend, Indiana.
Amend Section 1 to read: Chapter 21 of the Municipal Code of
the City of South Bend, Indiana, be and the same is
hereby amended, supplemented and changed in Section 21 -6
thereof to provide that the following described real
estate located in the City of South Bend, Indiana, to -wit:
Lot #27 - Plat of Eckman and Eckman
be and the same hereby is changed in its Use District
Regulation Classification from "B" Residential, "B"
Height and Area, to "C -1" Commercial, "B" Height and
Area, the same to conform with the site development
plan submitted herein.
Amend Section 2 to read: This ordinance shall be Odell Newburn
in full force and effect from and after its
passage by the Common Council, its approval Chairman
by the Mayor and legal publication.
•R tL RR LLL ...... XIN4 CO.
AREA PLAN COMMISSION „ OMR °;COUNTY°1TYBUILD[VCDIRECTOR
OF ST. JOSEPH COUNTY IND. "' "'E "�RSONeV s ° °T "sE"° 1ND1 "N "'°°81
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August 30, 1974
The Honorable Common Council
of the City of South Bend
4th floor
County -City Building
South Bend, Indiana 46601
In Re: Rezoning of 2822 S. Michigan St.
Dr. Ronald Milovich
Gentlemen:
At their August 20, 1974 meeting, the Area Plan
Commission reaffirmed their unfavorable recommendation
concerning the Dr. Milovich rezoning. The Area Plan Com-
mission found that the proposed use of the site is not
consistent with the recommendations of the Land Use Plan,
The subject property has been designated as an office, busi-
ness and planned commercial area. This use classification
implies a plannned approach to the utilization of an area.
The petitioner, however, is proposing an incremental
utilization of his site that does not encompass the remainder
of the block.
Although "C -1" is more restrictive than "C ", this
does not address the real issue of the case. The Land Use
Plan recognizes that certain land use controls must be
implemented to halt the deterioration of traffic conditions
along major streets. The office, business, and planned
commercial use arearecognizes the need for this type of
activity but implies an aggregation of properties to control
traffic access. The Area Plan Commission determined that
the Dr. Milovich rezoning proposal failed to meet this
criteria.
RS:lari
Ver r yo rs
R h Sto beaker,
Assistant Director
FILED IN CLERK'S OFFICE
[AUG 3 0 1974
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
4 �%^
CITY OF SOUTH BEND
v
south Bend, Indiana 46601
August 15, 1974
COMMON
... COUNCIL
441 COUNTY-CITY
SOUTH BEND. IND. 46601N6
AREA 219 284.9321
JOSEPH T. SERGE
FIRST DISTRICT
WALTER M. SZYMKOWIAK
-
SECOND DISTRICT
TERRY S. MILLER
.
THIRD DISTRICT
•:.: ..
ROGER O. PARENT '.
FOURTH DISTRI=..
'..Mr. J. Frank Miles, President ..
` ROBERT O. TAYLOR
..: -PIFTH OMTRICT :_[..'._ -. .•....i1L
ea._. Plan.... Commission
WALTER T. KOPCZYNSKI
County -City Building
SIXTH
South Bend, Indiana 46601
FRANK ORVAT
, K NORVAT N
AT LARGE
PETER J.NEMETH
Subject: Rezoning of 2822 South Michigan
AT LARGE
-ODELL
Dr. Ronald Milovich
NEWSURN
AT LARGE
Dear Mr. Miles:
I am writing this letter to you to advise you
of an amendment to the above zoning ordinance which
was passed by the Common Council on August 12, 1974.
The ordinance was amended to "C -1" Commercial
and.passed for the following reasons:
1. The Council believed that this was a
logical use for the particular area involved.
2. "C -1" was,chosen over "C" because it is
a more restrictive.design4tion.
. If you have any question or comment concerning
the Council's action in this matter, please do not
hesitate to contact me.
Very truly yours,
Peter J. Nemeth
President
PJN /bjb
Enclosure: Copy of 'ordinance No. 5712 -74