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Home My WebLink AboutZoning - 3414 E Jefferson BlvdORDINANCE No. 5598 -73 Passed by the Common Council of the City of South Bend, Indiana NOVEMBER 13 A— IRENE K. GAMMON KA Presented by me to the Mayor of the City of South Bend, NOVEMBER 14 Approved and signed by Clerk Of Common Council IRENE K. GAMMON Clerk At the November 26, 1973, regular meeting of the Common Council, a vote was taken regarding the Mayor's veto of: ORDINANCE NO. 5598 -73 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 (3414 EAST JEFFERSON BOULEVARD), passed by the Common Council on November 13, 1973, and officially vetoed by Mayor Miller on November 23, 1973. The Mayor's veto was overridden by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Parent and Horvath). Barbara Byers, DepuCty City Clerk City of South Bend, Indiana CITY OF SOUTH BEND South Bend, Indiana 46601 Jerry J. Miller Mayor The Honorable Irene Gammon City Clerk County- City Building South Bend, Indiana 46601 Dear Mrs. Gammon: November 23, 1973 This letter is to serve as my official notification to veto Ordinance Number 5598 -73. I believe it is important that we follow good planning in our Com- munity. We have spent taxpayers money in order to prepare and compile a Land Use- Transportation Plan. We should not deviate from these plans unless approval is received from the Area Plan Commission. They have recommended that this zoning amendment not be approved following their finding that it would be detrimental to the residential area and, further, that it would not be consistent with the Land Use- Transportation Plan. These are dedicated people with many years experience inthis specialized planning area. Therefore, I feel the only way this amendment should be approved is to send it back to the Area Plan Commission with the evidence that was presented at the public hearings and ask for their recommendations on these changes on the basis of the evidence introduced at your hearings. If they will change their recommendation, I will also reconsider. This will insure that good and consistent planning be followed. Thank you. FILED IN CLERK'S OFFICE cc: All Councilmen NOV 2 ;1973 Irene Gammon CITY CLERK, SOUTH BEND,, IND.. Sincerely o1rs, ry J. i ler H. THEODORE NOELL ATTORNEY AT LAW AMERICAN NATIONAL BANK BUILDING SOUTH BEND, IND. 48801 3414 E. Jefferson Blvd. ORDINANCE NO. .S 5-,? 8- 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 kno as Zoning Ordinance No. 3702, be and the same is hereby amended and supplemented by zoning the following described property 11B" Commercial District and "A" Height and Area District: A legal description of the property is as follows: Section 2, Lot Numbered One (1) as shown on the Recorded Plat of Jerome's First Addition to the City of South Bend, Indiana. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication, Member o City of 1st READING 9-10-73 PUBLIC HEARING 11-1-3-1,5' 2nd READING / /- 1-3- 7 3 NOT APPROVM , REFERRED ad..a,., y�a.,.: PASSEII 11- 13 -7L5 Bend, Indiana. FILED IN CLERK'S 001 S ? 5 1$73 Irene Gammon Rt6Y film, SOUTH MD, MD, (vittm to Irpor# Xo t4t Gammon (ilounrit of Or (lTi1J of OvW4 fiend: 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 (3414 EAST JEFFERSON BOULEVARD). 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 !R R[ !R[[S r .......... CO. 8/3/70 PETITION TO AMEND ZONING ORDINANCE Date Filed with City Clerk or County Auditor Date Received by the Area Plan Commission /a 3 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- I lication and petition the Common Council of the City of South Bend,Indiana to amend the Zoning Ordinance of said Cit as hereinafter requested, and in suppor ot this application,, the following facts are shown 1. The property sought to be rezoned is located at 3414 East Jefferson Boulevard, South Bend, Indiana. 2. Then- proper.ty.is owned by Frank M. Kish and Elizabeth M. Kish, subject to a purchase agreement -with David F. Herring, Wallace R. Swearingen, and Paul L. McClure 3. A legal description of the property is as follows lot Numbered One (1), as shown on the Recorded Plat of Jerome's First Addition to the City of South Bend, Indiana. (CONTINUE ON THE REVERSE 'S�IPE IF NECESSARY) 8/3/70 4. It is desired and requested that the foregoing property be- -rezoned From A Residential Use and A Height and Area District To B RpQirlpni-;�l Use and A Height and Area District. 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 existing building at 3414 East Jefferson Boulevard, South Bend, Indiana, will be used as an office building by a Certified Public Accountant Firm. 6. Number of off street parking spaces to be provided. An area 45' x 85' directly adjacent and behind said building will be used for adequate parking facilities. 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. (� Frank M. Kish, Elizabeth M. Kish, David F. Herring, Wallace R. Swearingen, and Paul L. McClure —7 1 by their Attorney H. Theodore Noel' ��e��oner s)eC��oner s� rp KEODORE NOELL ATTORNEY AT LAW 2210 AMERICAN NATIONAL BANK B1 i;e r H. Theodore Noell, Attorney -at -Law Y.XLXX Met on repare y 2210 American National Bank Building South Bend, Indiana 46601 Tel: 232 -7946 FILED ZX�17 AREA PLAN COM ISSION APPLICATION RIED IN CLERK'S QMCE Irene Gammon CITY CLERK, . SOUTH BEND, 1ND. A AREA PLAN COMMISSION R oM „COUNTyC1TEXECUTIVE U °'RE °T °R OF ST. JOSEPH COUNTY, IND. "' W. 'E "�"s °" ° °" 6 ° "TS °E" INDIANA 48801 (216) A 16671 October 17, 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 Wallace R. Swearingen to zone from !'.A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at 3414 East Jefferson Boulevard, City of South Bend Gentlemen: The attached rezoning petition of Wallace R. Swearingen was legally advertised October 6, 1973 and October 13, 1973. The Area Plan Commission gave it a public hearing October 16, 1973, at which time the following action was taken: "Upon a motion by Robert Lehman, seconded by Kenneth Woods and carried with Joseph Simeri abstaining, the petition of Wallace R. Swearingen to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at 3414 East Jefferson Boulevard, City of South Bend, is unfavorably recommended to the Common Council of the City of South Bend as the Area Plan Commission finds it would be detrimental to the residential area and is not consistent with the Land Use - Transportation Plan;" The deliberations of the points considered in arriving at shown in excerpts of the minutes you at a later date to be made a RSJ /ch attach. CC: Wallace R. Swearingen H. Theodore Noell Area Plan Commission and the above decision are and will be forwarded to part of this report. Very truly yours, RICHARD S. JOHNSON, Executive Dire FIN IN CLERK'S OFFICE CCT 17 1973 Irene Gammon CITY CLERK, SOUTH BEND, IND,