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Home My WebLink AboutZoning - Osboune & George StreetsORDINANCE No. 5641 -74 Passed by the Common Council of the City of South Bend, Indiana. FEBRUARY 25 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, FEBRUARY 26, i9 74 7r Approved and signed by Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 5641 -74 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40, AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE ZONING OF CERTAIN LOTS AS HEREINAFTER SET FORTH. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. The Municipal Code of the City of South Bend, Indiana, 1962, and General Ordinance No. 4990 -68, and the accompanying map thereto, are further amended insofar as the same relates to certain parcels of land situate in the City of South Bend, and known and designated as: The Northerly parts of Lots Numbered Thirteen (13) and Fourteen (14) in Frantz's 3rd Addition and all of Lots Numbered Fourteen (14) and the Northerly part of Lot Numbered Fifteen (15) in Frantz's 2nd Addition to the City of South Bend, Indiana, by changing the classification of the Use District from "B" Residential use and "B" Height and Area District to "C" Commercial use and "C" Height and Area District, and in con- formance with the approved site plan on file in the Office of the Area Plan Commission. 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 for so long as a billboard shall be situated on the aforesaid property. Passed February 25, 1974, as amended. WIN fQnmmi##rrrpnr# " On toe (gammon Mundt of thr Tug of font# Ernd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40, AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE ZONING OF CERTAIN LOTS AS HEREINAFTER SET FORTH (GEORGE AND OSBORNE STREETS). Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council favorable as amended below: Add the following in Section 2 after the word "publication ": for so long as a billboard shall be situated on the aforesaid property. Odell Newburn Chairman IRE. ..... .......... CO. COMMON COUNCIL CITY OF SOUTH BEND South Bend. IndianA 46601 March 12, 1974 441 COUNTY.CITY BUILDING SOUTH BEND. IND. 46601 AREA 219 204.9921 JOSEPH T. SERGE FIRST DISTRICT WALTER M. SZYMKOWIAK SECOND DISTRICT TERRY S. MILLER THIRD DISTRICT ROGER 0. PARENT Mr. J. Frank Miles, President - FOURTH ROBERT ERTG G. TAYLOR Area Plan Commission FIFTH DISTRICT County -City Building WALTER T. KOPCZTNSKI South Bend, Indiana 46601 SIXTH DISTRICT FRANK HORVATH "TURD■ Dear Mr. Miles: PRER J. NEMETH - AT " I am writing his letter t OD[LL N NE EW BURN g er o advise You AT Eweoa of amendments to zoning ordinances which were passed by the Common Council. In Ordinance No. 5641 -74 (George and sborne Streets), the ordinance was amended for the reason that the Council desired a more restrictive commercial designation. In Ordinance No. 5647 -74 (signs and outdoor advertising), the ordinance was amended pursuant to suggestions and recommendations of the Council and the Area Plan Commission staff. Enclosed herein please find copies of the ordinances as amended. If you have any question or any comment concerning the Council's action on these two matters, please do not hesitate to contact me. Very truly yours, r� 9-. gZy Peter J. Nemeth President PJN /bib Enclosures AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: Goheen Rezoning Petition Gentlemen: 13 f1 RICHARD S. JOHNSON, EXECUTIVE DIRECTOR ROOM 1219 COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 (219) 264 -9571 March 20, 1974 In regard to the above captioned rezoning, the Area Plan Commission provides the following statements: 1. Rezoning of the area in question contingent upon conditions or temporary zoning is not legally acceptable. Contracts between property owners or between a municipality and a property owner should not enter into the enforcement of zoning regulations. This legal interpretation included in the "Sandenburgh v. Michigamme Oil Co., 249 Mich. 372, 228, N.W. 707 1930" decision gives the Plan Commission its basis to make the above statement. 2. To place a billboard in the midst of residential dwellings and /or area creates haphazard land use development. It does nothing to retard or correct any blight and provide stability to the neighborhood. 3. This use disrupts the residential character of the neighborhood. It is needless to add that the need for sound, stable neighborhoods is paramount. The more we provide stability to residential neighborhoods, the less we need to worry about redeveloping. 4. This ordinance has no r, Transportation and Land this neighborhood to be tial professional area. upon privileges granted unified plan. alationship to the Use Plan which shows a high density residen- The rezoning is based without regard for a The Honorable Common Council Page Two March 20, 1974 If we can be of any further assistance, do not hesitate to contact us. RSJ /ch Very truly yours, Richard S. Johnson, Executive Director FILED IN CLERK'S OFFICE MAR 21 1974 Irene Gammon CITY CURK, SOUTH SEND, IND. PETITION TO AMEND ZONING ORDINANCE (FOR OFFICIAL USE ONLY) Application No. Date Filed with City Clerk or County Auditor Date REceived by the Area Plan Commission I, the undersigned, do hereby respectfully make application and pe- tition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of Indiana -1962, Section 40, as amended, and General Ordinance No. 4990 -68 as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Osborne and George Streets, in Frantz's 2nd and 3rd Addition to the City of South Bend, Indiana. 2. The property is owned by Roland W. Goheen. 3. A legal description of the property is as follows: The Northerly parts of Lots Numbered Thirteen (13) and Fourteen (14) in Frantz's 3rd Addition and all of Lots Numbered Fourteen (14) and the Northerly part of Lot Numbered Fifteen (15) in Frantz's 2nd Addition to the City of South Bend, Indiana, all as shown on the map attached hereto and marked "EXHIBIT A ". 4. It is desired and requested that the foregoing property be rezoned: From: "B" Residential and Use District and "B" Height and Area District To: "C" Commercial Use District and "C" Height and Area District. 5. It is proposed that the property will be put to the following use: To erect a billboard. 6. Number of off street parking spaces to be provided. None. 7. Attached is a copy of an existing plot plan showing my property and other surrounding properties; and names and addresses of all of the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. Roland W. Goheen FILED IN CLERK'S OFFICE By: W. E. Voor 1973 of Voor, Jackson, McMichael & Allen �� 2 300 First Bank Building South Bend, Indiana 46601 Irene Gammon Telephone: 234 -6061, CITY CLERK, SOUTH BEND, IND, his attorneys Names and Addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned: H. T. C. Real Estate Co. 1416 Mishawaka Avenue South Bend, Indiana Lot #10 Bengston, Lillie C.K. 308 S. St. Andrew Place Los Angeles, California Lot #11 Heidrich, Harry N. and Twinkle 731 George Street South Bend, Indiana Lot #12 ;1 i I -1 a zl M ex y sle. 1 rare a ;na t act J Inn'! lb.., eSar. aa: fact - :Ss tr-a ✓:4 caret rxras a .oa o1 an ke��stxe•I to J $.PIrYY i LOTS- 13'04: ' • H3I iTZ R- ADD- riIVIlFEPl.v PLANNING SERVICES LO S'1'� 017 rnYi Z ADD. . INCORPORATED r MiSHAINAKA �SDUTti SEND � SDJTN 3EPJt7, 7��I�L;Iti;; n. a:Irl ar 5.ie1. I SCALE 1 ", DATE NiAy 21 10173 [JO-3 N.. `IIZ ~ ,t