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HomeMy WebLinkAboutAmending Chaper 40 627 W. Washington StORDINANCE NO. 5293 -71 Passed by the Common Council of the City of South Bend, 10, 71 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by May 11, �9 71 Clerk )f Common Council Clerk THE FREE PPL[f aReFbo, PUBLISHING CO. 627 W. Washington St. South Bend, Indiana ORDINANCE NO. 5293 -71 An Ordinance Amending and Supplementing Chapter 40 of the Municipal Code of South Bend, Indiana Be it enacted by the Common Council of the City of South Bend, Indiana, that: Section 1 - Chapter 40 of the Municipal Code of South Bend, Indiana (South Bend City Zoning Ordinance No. 4990) be, and the same is hereby amended, supplemented and changed in Section 40 -14 and Section 40 -24 thereof to provide that the following described real estate located in the City of South Bend, Indiana, to -wit: A part of Bank Out Lots Numbered Nineteen (19), Twenty -seven (27), and Thirty -four (34) of the First Plat of Out Lot of the Town now part of the City of South Bend, platted by the State Bank of Indiana, more particularly bounded and described as follows, viz: Beginning at a point on the North line of Washington Avenue at the center of the iron post in the division fence between the property of Wilbur E. Gorsuch on the West, and the property formerly owned by Mary L. Studebaker at the time of her death, on the East, which point is Fifteen (15) feet West of the Southeast corner of said Out Lot Thirty - four (34); thence running East along the North line of Washington Avenue One Hundred Forty -three (143) feet; thence North Two Hundred Twelve (212) feet to the Southeast corner of the property once owned by Herbert W. Eldredge; thence West approximately One Hundred Forty - three (143) feet along the South line of said property of Herbert W. Eldredge to the center of the partition stone wall between the land of said Gorsuch and the land formerly owned by said Mary L. Studebaker; thence South along the center of said stone wall and the center of the iron fence extending from said stone wall to Washington Avenue to the place of beginning, in St. Joseph County, Indiana, being the same premises conveyed to Nicholai R. Feltes by Albert Russell Erskine and Anne Lyell Erskine by Deed dated October 13, 1920, and recorded in Deed record 165 on page 275 of the records of St. Joseph County, Indiana. be and the same hereby is, changed in its Use District Regulation classification from "B" Residential to "C -1" Commercial Use and "C" Height and Area District classification, subject to and in accordance with the site development plan as submitted with the petition to amend as filed by Venture Properties, Inc., an Indiana corporation. Section 2 - This ordinance is to be in full force and effect from and after its enactment, the approval of the Mayor, and its publication according to law. Section 3 - All prior ordinances affecting the above de- scribed tracts of land in conflict herewith are repealed. 1st & 2nd READING 4 -27 -71 COMMITTEE OF THE WHOLE PUBLIC HEARING 5 -10 -71 3rd READING 5 -10 -71 NOT APPROVED REFERRED PASSED 5 -10 -71 FILED IN CLERK'S OFFICE APR 171971 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. Tomattutr Ipport May 10, 1971 tXo tfle fllomum (6ouuril of ihr Tit# of Oout4 19rub: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (627 W. WASHINGTON STREET, SOUTH BEND, INDIANA) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable Chairman .... IRE.. .......1X4 CO. 1 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: HOWARD BELLINGER. EXECUTIVE DIRECTOR ROOM 1219 COUNTY -CITY BUILDING 227 W. JEUF ER60N BLVD., SOUTH BEND, INDIANA 98801 (219) 2W -9571 April 22, 1971 The attached rezoning petition originated by Venture Properties, Inc., an Indiana corporation, was legally advertised on April 3 and April 10, 1971 and was given public hearing on April 20, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. HB:eb Attach. Very truly yours, Howard Bellinger, Executive Director FILED IN CLERK'S OFFICE APR 2 21971 KATHRYN L. BLOUGH CRY CLERK, SOUTH BEND, IND. EXCERPTS FROM THE MINUTES OF THE AREA PLAN COMMISSION. MEETING HELD ON TUESDAY, APRIL 20, 1971 3. A proposed ordinance and site development plan of Venture Properties, Inc., an Indiana corporation, to rezone from "B" Residential Use and "B" Beight and Area District to "C -1" Commercial Use and "C" Height and Area District property located at 627 West Washington Street, South Bend. The proposed usage is for an antique and gift shop. Mr. James Krol who lives at 21855 Bellkay Drive in South Bend said he is secretary of the corporation and stated that there are two buildings on this property - -thema in building which is used for 10 apartments, and a carriage house with an apartment above it. It is the carriage house that we wish to have rezoned for an antique_ and gift shop. The historical background of this area will be main- tained. At the present time there is space for parking of four cars, but we will have an additional 10 spaces for parking. He said that they feel this rezoning will benefit the area. We will maintain the historical value of the property and hope to pzovice an incentive for others in the meighborhood to maintain the historical aspect of their homes as well. We will not alter the outside of the buildings at all. There will be no neon signs. We plan to have only a small 2 x 3 sign hanging on a post. Mr. Miles noted that the petition, as it now stands, is for the entire lot and asked if they had other plans for the apartments. Mr. Krol stated that possibly the other building could be turned into the same type of business. To answer a question of one of the commissioners, Mr. Weisman said that as long as the entire lot has been described in this petition and proposed ordinance, and as long as there is no change in the site plan, he could foresee a problem if the petitioner attempted, at a later date to change the usage only without making any structural changes or alterations to the buildings so long as the future proposed use is a permitted use under the ordinance. He further stated that it would not be like coming in with more buildings. Steven Stavron, a practicing attorney in South Bend, said he lives several houses west of this property in question. He stated that "we [the neighbors] appreciate the petitioner's interest in having this rezoned to "C -1" Commercial. Our taxes are excessive; half the street is used commercially anyway. We would not have any objection whatsoever. It would be my recommendation that this is the best way to keep this street up to allow rezoning so that the city can get more tax dollars and still not change the historic value of these old houses." There were no remonstrators. Mr. Carpenter advised the Commissioners that Southhold has re- quested help from the staff in regard to the zoning of this area. -2- They would like to preserve as many of these old homes in this vicinity as possible because of their historic significance and outstanding architectural features. The staff recommends that this be given a favorable recommendation subject to the condition that no changes be made in the architectural design of the buildings. Mr. Bellinger stated that the staff is convinced that this rezoning will help to accomplish historical preservation of existing large residences in the area. After due consideration, a motion was made by Lloyd Taylor, seconded by Gerald Reinke and unanimously carried that this pro- posed ordinance be recommended favorably to the Common Council of the City of South Bend subject to the condition that there be no change permitted in the character of the structures and that any sign be limited to an unlighted 2 x 3 sign also in keeping with the present architecture.