HomeMy WebLinkAboutZoning - 1329 Ironwood DrPassed by the Common Council of the City of South Bend,
JANUARY 25, IQg6D-
Clerk
of Common Council
Presented by me to the Mayor of the City of South Bend,
JANUARY 26, 10.60
Approved and signed by me JANUARY 26,
Clerk
ORDINANCE NO. —A/ )
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO, 3702
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA;
Section l•
That Zoning Ordinance No. 3702, as heretofore amended,
be and the same is hereby amended and supplemented by changing the
zoning classification of the following described property from "A"
Residential Use District to "C" Commercial Use District and
Height and Area District;
Lot Numbered Two (2) in wooded Estate, a
subdivision within St. Joseph County, State
of Indiana, the Plat of.which is recorded
in Plat Book 16 at Page W under date of
9/27/46 in the Office of the Recorder of
St. Joseph County.
Section 2;
This Ordinance shall be in full force and effect from
and after its enactment, approval by the Mayor and legal
publication.
mem er of e ommoL� n Council o f the
City of South Bend, Indiana.
Passed by the Common Council on the day of
1960.
APPROVED AND SIGNED by the Mayor on the
1960.
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CITY OF S:'UM is yU
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Y0urQF=WWP= Committee of the Whole
to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING
ORDINANCE NO. 3702 (Ironwood- Buszkiewicz petition)
Respectfully report that they have examined the matter and that in their opinion
IT SHOULD BE REPORTED
I
;S-1 lf6o
Chairman
CITY OF SOUTH BEND
SOUTH BEND, INDIANA
CITY PLANNING COMMISSION
<Q90.,E
J. FRANK MILES
PRESIDENT
GALEN B. SARGENT
VICE-PRESIDENT
RAYMOND S. ANDRYSIAK
F. R. HENREKIN
RICHARD KROMKCWSKI
BERT MCCLELLAN
CHESTER MUSZYNSKI
RICHARD VAN PARIS
WILLIAM WEBSTER
FORREST R. WEST
ROBERT L. HUFF
DIRECTOR OF PLANNING
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
January 11, 1960
The attached petition of Edward and Virginia Buszkiewicz,
to rezone Lot Number 2, Wooded Estates, located at
1329 North Ironwood Drive, from "A" Residential Use to
"C" Commercial Use and "D" Height and Area District was
legally advertised on December 28, 1959 and given public
hearing under date of January 7, 1960. The following
action was taken:
After due consideration the Commission found that
the commercial zoning of subject property would be
an unwarranted and needless intrusion into a resi-
dential area. It was therefore duly moved, seconded
and carried that the petition be recommended un-
favorably to the Common Council.
Very truly yours,
Wobe COMMI SSION
Huff,
Director - Secretary
RLH/mah
Attach.
r
STATE OF INDIANA ) VERIFIED PETITION TO CHANCE
) SS: ZONING CLASSIFICATION OF REAL
ST. JOSEPH COUNTY ) ESTATE FROM "A" RESIDENTIAL
TO "C" COMMERCIAL
TO: HON. MAYOR VOORDE AND COMMON COUNCIL
OF TILE CITY OF SOUTH BEND, INDIANA
Come now the undersigned Petitioners and respect-
fully show and submit the following:
1. The said Petitioners, Edward Buszkiewicz and
Virginia Buszkiewicz, are the owners of the following de-
scribed real estate, situate in St. Joseph County, State of
I_idiana, to-wit:
Lot Numbered Two (2) in Wooded Estate,
a subdivision within St. Joseph County,
State of Indiana, the Plat of which is
recorded in Plat Book 16 at Page W under
date of 9/27/46 in the Office of the Re-
corder of St. Joseph County.
2. That the said real estate is now presently
zoned and classified as residential property, Class "A ".
3. That it would be to the advantage of the said
owners, as well as all adjoining property owners, if said
property were classified as commercial property, Class "C"
WHEREFORE, your petitioners hereby respectfully
petition to rezone and reclassify the above described real
estate as commercial property Class "C ".
Submitted this lliL day of December, 1959.
DEC 1x;'59 AN) Edward Busz' ewicz
Virginia Bus lewicz
Fat
UN OF S,',- .t : eEKD
MV;a 6'Jtws, CLM
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as
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me a Notary Public, this day of
December, 1959, personaly appeared Edward Buszkiewicz and
Virginia Buszkiewicz, petitioners herein, and acknowledged
that they have read the foregoing petition and that the
allegations therein contained are true and correct as
they verily believe.
My Commission Expires:
January 7, 1961.
DEC 14 '59 AM -
r.�rr uFt,
rae. _ fR.
Martha Knuckman, Notary ?u is
3
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ICE
A
F'
JAA
_ AFFIDAVIT OF FACTS FOR CONSIDERATION BY THE
SOUTH BEND PLANNING COMMISSION, IN THE
PETITION OF EDDIE AND VIRGINIA BUSZKIEWICZ.
Lot 2 Wooded Estates Addition
STATE OF INDIANA )
3 COUNTY OF ST. JOSEPH SS.
We, the undersigned, being first duly sworn upon our oath,
depose and say:
1. We are residents and home owners who reside in the
vicinity of Lot Two (2) of Wooded Estates, which Eddie and Virginia
Buszkiewicz have petitioned to have rezoned from A Residential to
C Commercial.
2. Lot Two (2) of Wooded Estates is a tract of land
Seventy Five Feet by One Hundred Forty Five Feet (75' x 1451) located
at the southwest corner of the intersection of Ironwood Drive and
Oak Park Drive.
3. This small lot of land is located at the northeast
corner of an area comprising Sixty Five (65) square city blocks run-
ning from Oak Park on the north to McKinley on the south; Ironwood
on the east and Twyckenham on the west, which is and has been zoned
A Residential exclusively and is exclusively devoted to residential
uses.
4. Oak Park Drive is not a through street but is a res-
idential access roadway.
5. The areas to the north of this lot and to the west
of it are zoned for commercial and are used for parking lots. These
commercially zoned areas are separated from Lot Two (2) by the
eighty (80)feet of Ironwood Drive and sixty (60) feet of Oak Park
Drive. Lot Two (2) is not adjacent to any commercial area. It is
immediately adjacent to residential homes.
6. C District under the South Bend ordinance, besides
relieving Mr. and Mrs. Buszkiewicz of the restrictions imposed
on every other property owner in this district, would establish
the right to introduce into the residential neighborhood any of
sixty four (64) various activities totally different from Class
A Residential character, such as ballrooms, cleaning and dying
establishments, public garages, laundries, small machine shops,
taverns, used car lots, and tavern parking lots.
7. The commercialization of Mr. and Mrs. Buszkiewicz'
lot singly provides no benefit or utilization to any of the other
property owners or residents in this district.
8. The commercialization of Lot Two (2) serves no bene-
fit to anyone other than the owners, Mr. and Mrs. Buszkiewicz.
The claim that creating a commercial lot in this residential dis-
trict will relieve traffic and parking problems in our neighbor-
hood is false. We have personally observed that parking on the
streets in and near Eddie's Restaurant bears no relationship what-
ever to whether the existing parking lots are filled or not.
People park on these streets even when the lots are nearly empty.
9. While serving the personal and private interests
of Mr. and Mrs. Buszkiewicz should be avoided at all costs by
this Commission, the undersigned wish to advise the Board that
they have personally observed and noted the parking situation at
Eddie's Restaurant operation during
only 4 _ occasions during the
parking lots been filled. -� Lz
Immediately adjacent
the past year and that on
entire year have the existing
to this lot on the south are
the residences of Mr. and Mrs. Meyer Steinberg and Mr. and Mrs.
Joseph Macri. These are ranch -type homes, built at a substantial
cost and investment and valued in the neighborhood of twenty thou-
sand dollars ($20,000.00).
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11. Many of the commercial enterprises which zoning the
residential lot next to their homes could bring into existence,
including a tavern parking lot, involve a type of business which
would be extremely detrimental to residential occupancy and to the
property values.
12. Oak Park Drive has provided and should continue to
provide some protection to the residential dwellers south of it
from the commercial tavern operation conducted by Mr. and Mrs.
Buszkiewiez to the north.
13. Mr. and Mrs. Buszkiewicz operate with a three -way
Alcoholic Beverage License. Their establishment is operated six
(6) days a week. Their establishment rarely closes before 12:30
or 1:00 A.M. o'clock; and patrons, some of whom leave the estab-
lishment in states of alcoholic inebriation, remain in the immediate
neighborhood even later.
Subscribed and sworn to before me day o /�
Notary rualic
My ommission expires
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