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Zoning - 1989 Prairie Ave. Ordinance Null & Void
'. %�Z / 0-' ✓�- �„� -.�e� �v ate. e.�J .All )12 � 1 oe 4 8, /9 21/ ORDINANCE No. 5588 -73 Passed by the Common Council of the City of South Bend, OCTOBER 8, ig 73 Presented by me to the Mayor of the City of South Bend, • •• , lC r"WTI.1_1WA Clerk of Common Council IRENE K. GAMMON Clerk / I? ORDINANCE NUMBER 5 5 8 9-'2_3 AN ORDINANCE AMENDING ORDINANCE NUMBER V 990 -6 8 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1989 Prairie Ave.) BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Ordinance Number 14990_&g, being a zoning ordinance of the City of South Bend, Indiana, be, and the same hereby is, amended so that the zoning classification of the following real estate in the City of South Bend, Indiana, to -wit: be, and the same is hereby changed to and zoned as "C "- Commer- cial use district 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. 1st READING 9-/0- ?,3 PUBLIC HEARING /O - 9- 73 2nd READING lo- 9--7,3 NOT APPROVED Member of'thb Common Council REFERRED '_C �. O PASSED /0 - 8- *70 Passed by the Common Council on the $ Ea day of c<',t.fe,.- , 1973. Approved and signed by the Mayor on the 9--L day of (G n �7t� , 19 7 3. A part of Partition Lot Numbered Three (3) as shown on the Plat in a certain suit of Partition, wherein Edwin L. Perkins, et al, were plaintiffs and Emma K. Perkins, et al, were defendants, the description and plat of which partition is recorded in Partition Deed Record 1, page 134, in the Recorder's Office of St. Joseph County, which part is bounded by a line running as follows, viz: Beginning FILED IN CLERK'S OFFICE at a point on the North line of the Sumption Prairie Road (Prairie Avenue) at a point 10 rods East of the West line of said Lot Numbered 8 1973 Three (3); thence running North 16 rods; thence West 10 rods to the West line to the North line of said Sumption Prairie Road (Prairie Avenue); Irene Gammon thence Northeasterly on the North line of said CITY CLERK, SOUTH BEND, IND, road to the place of beginning, being in the South East Quarter of Section Number 15, Township Number 37 North, Range Number 2 East, and containing 1 acre, more or less. be, and the same is hereby changed to and zoned as "C "- Commer- cial use district 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. 1st READING 9-/0- ?,3 PUBLIC HEARING /O - 9- 73 2nd READING lo- 9--7,3 NOT APPROVED Member of'thb Common Council REFERRED '_C �. O PASSED /0 - 8- *70 Passed by the Common Council on the $ Ea day of c<',t.fe,.- , 1973. Approved and signed by the Mayor on the 9--L day of (G n �7t� , 19 7 3. (ninatutrr Irpart XV the Tamawn Tounrtl of the Tog of #Md4 stud: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1989 Prairie Avenue) 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 I... I.'.. 1.9U1 .... CO. AREA PLAN COMMISSION RROCEDl"O9EC JOHNSON, E5EI IVE°IRECTOR OF ST. JOSEPH COUNTY, IND. 227 W. a° EEC,'" s 28,'95„ September 19, 1973 The Honorable Common Council City of South Bend County -City Building South Bend, IN In Re: A proposed ordinance and site development plan of Albert and Helen Kovacs to zone from "A" Residential to "C" Commercial, property located at 1989 Prairie Avenue, City of South Bend. Gentlemen: The attached rezoning petition of Albert and Helen Kovacs was legally advertised September 8, 1973 and September 15, 1973. The Area Plan Commission gave it a public hearing September 18, 1973, at which time the following action was taken: "A motion by Robert Lehman to amend the petition of Albert and Helen Kovacs to be a request for a change from "A" Residential instead of "R" Residential and FILED 1!1 CLERK'S OFFICE to exclude the rear 100 feet of the property from the petition, was seconded by Dwight Miller and carried unanimously. Mr. Lehman then made the motion to 5�P 19 19%3 favorably recommend the petition, as amended, of Albert and Helen Kovacs, subject to a final site plan. His motion was seconded by Joseph Simeri Irene Gammon and carried unanimously. The petition of Albert CITY CLERK, SOUTH BEND, IND. and Helen Kovacs to zone 1989 Prairie Avenue is favorably recommended, as amended, to the Common Council by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, RICHARD S. JOHNSON, Executive Director RSJ /ch cc: Albert and Helen Kovacs Peter F. Nemeth 8/3/70 PETITION TO AMEND ZONING ORDINANCE FOR OFFICIAL USE ONLY) Applies on o. - Date Filed wit City Clerk r County Auditor ��' 73 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. I (We), the undersigned, do hereby respectfully make app - lioation and petition the Common Council of the Bend, to amend the Zoning Ordinance of said cit Indiana as hereinafter requested, and in suppor o the following facts are shown 1. The property sought to be rezoned is located at 1989 Prairie Avenue 2. The- -pr©party__.is� owned by Albert and Helen Kovacs 3. A legal description of the property is as follows_ A part of Partition Lot Numbered Three (3) as shown on the Plat in a certain suit of Partition, wherein Edwin L. Perkins et al were plaintiffs and Emma K. Perkins et al were defendants, the descrip- tion and plat of which partition is recorded in Partition Deed Record 1, page 134, in the Recorder's Office of St. Joseph County, which part is bounded by a line running as follows, viz: Beginning at a point on the North line of the Sumption Prairie Road (Prairie Avenue) at a point 10 rods East of the West line of said Lot Numbered Three (3); thence running North 16 rods; thence West 10 rods to the West line to the North line of said Sumption Prairie Road (Prairie Avenue); thence Northeasterly on the North line of said road to the place of beginning, being in the South East Quarter of Section Number 15, Township Number 37 North, Range Number 2 East, and containing 1 acre, more or less. (CONTINUE ON THE REVERSE S E IF NECESSARY) 8/3/70 Y 4. It is desired and requested that the foregoing property be- rezoned From R Residential Use and A Height and Area District To C Commercial District. Use and A Height and Area 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) The property has been remodeled from a bar to a restaurant with the intent that said restaurant will serve Hungarian style food. The remainder of the area will be used for parking automobiles. 6. Number of off street parking spaces to be provided. Fifty (50) spaces. 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties; b,) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. / Peter F. Nemeth Attorney at Law Ten -Ten Tower Building South Bend, Indiana 46601 234 -0121 Signature of e oner s 1605 S. Jackson Street South Bend Indiana A ress I L E D P/ y/3 AREA PLAN COMiAISSION .APPI.ICDVIOIN FILED IN CLERK'S OFFICE A " QQ 1973 Irene Gammon CITY CLERK, SOUTH BEND, IND.