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Home My WebLink AboutZoning - 4134 Lincolnway WestORDINANCE No. 5563 -73 Passed by the Common Council of the City of South Bend, SEPTEMBER 10, x973_ Attest. a G 0. "- City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Approved and signed by SEPTEMBER 11, ig 71 M IRENE K. of Common Council Clerk ORDINANCE NO. SSG 3 -9.3 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Section 1. That Zoning Ordinance No. 4990 -68, Chapter 40 of the Municipal Code of the City of South Bend, Indiana, formerly known as Zoning Ordinance No. 3702, be and the same is hereby amended and supplemented by zoning the following described property "C" Commercial District and "E" Height and Area District: A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southwest Quarter (1 /4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, described as beginning at a point Five Hundred Ninety -seven and Three Tenths (597. 3) feet West of the Southeast corner of the Southwest Quarter of Section Thirty -three (33), Township and Range aforesaid, thence West Four Hundred Seventy -two and Two Tenths (472. 2) feet, thence North Five Hundred Twenty -nine and Nine Tenths (529. 9) feet to the South line of Lincoln Way West or U. S. Highway 20, said line being the South line of a One Hundred (100) foot right -of -way; thence South Sixty -eight (68) degrees, Thirty (30) minutes East along said South line a distance of Three Hundred Seventeen and Fifty -three Hundredths (317. 53) feet; thence South a distance of One Hundred Fifty (150) feet; thence Southeasterly parallel to the South line of Lincoln Way West, a distance of One Hundred Ninety -three and Seventeen Hundredths (193. 17) feet; thence South One Hundred Eighty -four and Six Tenths (184. 6) feet to the place of beginning, excepting therefrom a strip of land Forty (40) feet wide, North and South, taken off the entire length of the South side for right -of -way purposes, said strip of land being the North Half (1/2) of Edison Road, in St. Joseph County, Indiana. Except 175 feet in depth north and south off the entire south end of the above described tract, beginning at the center line of Elwood Avenue, - 2 - Section 2. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. 1st READING 7 - a 3- 7 3 PUBLIC HEARING 9- /0- 73 2nd READING q- /0- / 3 NOT APPROVED REFERRED Qa.�o� e , `70-44 ..-..J PASSED q_ /0- -73 FILED IN CLERK'S OFFICE JUL 17 1973 Irene Gammon CITY CLERK.. SOUTH BEND,. IND. Tantmittrr Irport an the lQouuunu Touttrd of the ffitg of #VWh VenD Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (4134 LINCOLNWAY WEST — AMENDED). Respectfully report that they have examined the matter and that in their opinion the Ordinance Should go to the Council as favorable. Odell Newburn Chairman FP[[ PB F!! pYBLIlNIN4 [O. AMENDED . � ' l V :XD Z0 I :1l .l.l (."(i �� v�.�u •� . u � a x v n xr-w .... . •• ✓L'Gu ':''i1uU Witaa City %J .Grk Gi" ;J �7 iJ:;. "i.0 i�GOGi.VOd by the Area i'1ai: VOiiiu ++.va:i 0i: .... M.w,..,- h:..=,•.•,.•...^.• -•'•• f ri's Y7 ,.,�.. Yii :.,r ^..' ,_•�.. rrY , '7 11V:3i ST AL' 1121:1 J Tin,-, Uu:.i. ;)4:.i G.i3 G Ci v t110 lli2u c:CS,. "hods d0 i:.J uu� ..'�..iJ0LI. '.ci i.y _•..• , Co i 1i'RG a=u pots`.— Ol :110 Common Council of 'the Citj 'cu aGi i1G i13 LOiiIY. 0rG liiar;CU Oi�1he City Qi South �, rJr i9 i'i +C�.l�0i ru ^ -Cl;�C Si. iiU, a:+G ir: iaci.S are 6"a0 X-1 y, `PGU propUri)y sou. --t to vii rvSG:::uu i:; iJc:: "V .7.0 4134 ._,incoln Way West, South Bend, iradiana. I . .:.1.J 'i7 O'��C- l_;;y i ovmr 6 b`y Lu, Bone 0. Mc Garvey, Jr. and Keit a :.. \%:al.. j. .+ iGai UUc'1CrlpVl Oil G "i,:40 L�i`Op�ui ^'ef i:i i7.5 vi+.Old ti• the Southeast Quarter (i 4) Of the Sout'' west Quarter (1 �4) of Se Ctio.: iy -ehreE '33 � ), TOVJIISnip 1hirty- elg'nt 138) North, Range Two (2) East, ..:iCr.�JCU as beginning at a point Five . uniJred Nincty -se Ven and T. -.red f<:et Nest of the Southeast cornoz o: the Southwest Quarter of Seci:ior: .. ".i: i•)�-;:nree (33), To \vnsraip and mange aIOreSaiG, '-hence West Four .,.:ve.,,%-Cwo arid two Tenths (Ji72. 2) feet, tCieilCC t\lOrti] Five J-l'u i]dr Cd 1 \'Jl;::cj- .•...... L\i.ne TCntils (D2J. J) ie Et t0 file SG1i La1 1i.1:E O1 Lincoln Way Wc.;t or 20, said line being ti:c South line Of a One hundred (1 00) .GGi �.:,- o.-way; thence South Sixty- e'ignt (oh) de brces, Thirty (30) i11in'ul-e6 i:aot :110a: 6_6 South I ne a Distance o: Tiaree ilii -ndred Seventeen anG 1 iit; %-Lai'i:C ... 11.:.'71'@6LOS (317.53) feet; thence South a G.stance of One Hundred Fifty [::encc Southeaste;%y paraiici '6o the SOUth line; Of Lincoln Way We<l:, .. Ci i.::C:,:C2: Gi One Hu::Ored Ninety -t-rce anG Se Vonicen Nundred tiffs (103. i7/ iC>:: .... .: isJ Sc)uL One liun6red ,',^.�Gly-four and .S'ix Tenths (134. U) 1CeL LG tno. ; .i. Ji'; .il:i:lg, C;:CGptii:g 'tiler Cfrorh a strip of land li'orty (4.0) lcct wide, ,.,..C: ti,Jul.., taiCC.`1 Gff ..:0 eiu fire ieragt:] Of the SGUtIl Si60 1 rlgi. of -wGy ,)LiSi.o, s-.0 Strip of land being 'hc NOrti1'Naif (1/2) Of Edison 2oad,,-'n County, liidiana. Consisting of 3. 64 acres. Except i75 feet in depth north and south off the entire south end of the above described tract, beginning at'the center line of Elwood Avenue, i20 feet in depth off the North end of the tract is zoned C- Commercial, and the oa:c,;,cc of the property is presently zoned T3- Residential 8/3/70 , -4. It is desired and roquested that the foregoing property be-rezoned Prom 13 Residential Use and A Height and Area District 'io C Commercial Use and E Height. and Area District. 5. It is proposed that the property will be put to the I ollowing use and the following building (s) will be constructed (include number of dwelling units if residential) A Ponderosa Steak lIouse Restaurant and off street parking. 6. Number of off street parking spaces to be provided. Approximately 113. 7. Attached is a copy of a.} an existing plot plan showin.- my property and other surrounding properties; b.) names and addroasos of all the individuals, firms or corporations owning property Within 300 feet of the property sought to be rezoned; c.) site doveloprr.ent plan. Eugene J. McGarvey, Jr. i c �l clon erepared ay FILED IN CLERK'S OFFICL u± 17 1973 Irene Gammon CITY CLERK, SOUTH BEND, IND. i Sli4t re oiT: tltionor (s)� E gene J. 1 cGarvey, Jr. 2i5 West Superior Street Kokon o Tndiana 46901 Address "Keith E. Vial, Petitioner 4404 Rosewood Drive Kokomo, Indiana AREA P AN COMMt �ppIICAYION NO. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana RICHARD S. JOHNSON, EXECUTIVE DIRECTOR ROOM 1219 COUNTY -CITY BUILDING 227 W. JEFMRSON BLVD., SOUTH BEND, INDIANA HIM (219) 2849571 July 24, 1973 In Re: Proposed ordinance and site development plan of Eugene McGarvey, Jr. to zone from "B" Residential to "C" Commercial, property located at 4134 L.W.W City of South Bend Gentlemen: The proposed ordinance and site development plan of Eugene McGarvey, Jr. to zone from "B" Residential to "C" Commercial, property located at 4134 L.W.W., City of South Bend was advertised June 9, 1973 and June 16, 1973 for public hearing by the Area Plan Commission on June 19, 1973 as witnessed by the enclosed and attached copy of "proof of publication ". Please note the underlined area in red shows that the back 175 feet was exempted. The Area Plan Commission acted at the public hearing on June 19, 1973 in a favorable manner concerning this application. It seems that the ordinances which included the amended legal description were filed in our office by mistake and at the time of our recommendation to you, were not provided to the City Clerk. Thus, the unamended ordinances were signed in- stead of the amended ordinances. Very truly yours, Douglas L. Carpenter, Senior Planner DLC:lari attach. FILED IN CLERK'S OFFICE !U! 2 4 1973 Irene Gammon CITY CLERK, SOUTH BEND, IND.