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HomeMy WebLinkAboutAmending Ordinance No. 3702 Zoning - North line of Lincoln Way East and the East line of South TwyckenhamORDINANCE No. 4360 -61 Passed by the Common Council of the City of South Bend, 9 —61 Presented by me to the Mayor of the City of South Bend, .Tan nary 10 X961 Clerk of Common Council Approved and signed by me san na2v 10 1961- Clerk 1 DEAL 40JEW PRESS ORDINANCE NO. Z13lcO-6 BEING AN ORDINANCE AMENDING ORDIN C 0. 702, AS AMENDED, COMMGALY KNU'1N AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Ordinance No. 3702, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered 1, 2, 3, 4, 5, 6 and 7 as shown on the recorded plat of Clappts Subdivision of lots numbered 1, 2, 3, 9, 10, 11 and 12 in Klinets Addition and lots numbered 10 to 16, inclusive, in Leerts Subdivision of Partition Lot Numbered 4 of Samuel Leer Estate. Also the following described real estate: Commenc- ing at a point of intersection of the North line of Lincoln Way East and the East line of South Twyckenham Drive in the City of South Bend, Indiana; thence South- easterly along the Northerly line of Lincoln Way East to the point of intersection with the East line of Caroline Street as extended; thence North to the St. Joseph River; thence Westerly along the meander line of the St. Joseph River to the East line of South Twyckenham Drive; thence South along the East line of South Twyckenham Drive to the point of beginning, be and the same hereby is changed from a "B" Residence Use District and an "A" Height and Area District to a "C" Commercial Use District and an "E" 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. Member of ouncil isl "i Ort3�lAYi /A/j_a /6 0 _ . - C OF THE WHOLE P4.""jj WEfiRIs'd9 :ird REAOy'u6 .. Tommittrr Irport an the TOMMa Touura of t4r TUT of #Wadi NP0. Your Committee of the Whole, to whom was referred ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE NO. 3702, AS AMENDED, COMIONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ( Twyckenham Drive and L_ncolnway East) Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED �7J�l �T hairman CITY OF SOUTH BEND SOUTH BEND, INDIANA CITY PLANNING COMMISSION z J. FRANK MILES PRESIDENT GALEN S. SARGENT VICE-PRESIDENT RAYMOND S. ANDRYWAK F. R. HENREKIN RICHARD KROMKOWSKI BERT MCCLELLAN CHESTER MNSZYNSK1 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: December 9, 1960 The attached petition of Emery Mak to rezone Lots Numbered 1, 21 3, 4, 5, 6 and 7 as shown on the recorded plat of Clapp's Subdivision of Lots Numbered 1, 2, 37 9, 10, 11 and 12 in Kline's Addition and Lots Numbered 10 to 16, inclusive, in Leer's Subdivision of Partition Lot Numbered 4 of Samuel Leer Estate; and also the following described real estate: Commencing at a point of inter- section of the North line of Lincolnway East and the East line of South Twyckenham Drive in the City of South Bend, Indiana; thence Southeasterly along the Northerly line of Lincolnway East to the point of intersection with the East line of Caroline Street as extended; thence North to the St. Joseph River; thence Westerly along the meander line of the St. Joseph River to the East line of South Twyckenham Drive; thence South along the East line of South Twyckenham Drive to the point of beginning from "B" Residential Use and "A" Height and Area District to IICII Commercial Use and "E" Height and Area District was legally advertised under date of November 21, 1960 and. given public hearing under date of December 1, 1960. The following action was taken: After due consideration the Commission found that investigation had diysclo _qed that the subject property north of t`c_c- was not possibly useable as a residential neighborhood and that the proposed rezoning was in accord with the The Honorable Common Council -2- December 9, 1960 spirit of the Zoning Ordinance. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PPLANNINGG COMMISSION Robert L. Huff, Director of Planning RLH /mah Attach. PETITION FOR AMENDMENT OF THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, WHICH SAID ORDINANCE IS MORE PARTICULARLY KNOWN AS ORDINANCE NUMBERED 37022 AS AMENDED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BIND, INDIANA AND THE CITY PLAN COMMISSION OF THE CITY OF SOUTH BEND, INDIANA Come now the undersigned Petitioners, owners of more than fifty per cent. (50 %) of the property described in this petition, and respectfully petition the Honorable Common Council of the City of South Bend, Indiana and the Honorable City Plan Commission of the City of South Bend, Indiana, as follows: 1. That the following described real estate situated In the City of South Bend, St. Joseph County, State of Indiana is presently zoned as a "B "Residence Use District and an "A" Height and Area District under the applicable provisions of the Zoning Ordinance of the City of South Bend, Indiana, being Ordinance No. 3702 as amended, which said real estate is more particularly described as follows: Lots Numbered 1, 2, 3, 4, 51 6 and 7 as shown on the recorded plat of Clapp's Subdivision of lots numbered 1, 2, 3, 9, 10, 11 and 12 in Kline's Addition and lots numbered 10 to 16, inclusive, in Leer's Subdivision of Partition Lot Numbered 4 of Samuel Leer Estate. Also the following described real estate: Commencing at a point of intersection of the North line of Lincoln Way East and the East line of South Twyckenham Drive in the City of South Bend, Indiana; thence South- easterly along the Northerly line of Lincoln Way East to the point of intersection with the East line of Caroline Street as extended; thence North to the St. Joseph River; thence Westerly along the meander line of the St. Joseph River to the East line of South Twyckenham Drive; thence South along the East line of.South Twyckenham Drive to the point of beginning. 2. That the real estate adjacent to the aforementioned real estate on the Easterly side is presently zoned as a "C" Commercial Use District and an "E" Height and Area District under) NOV 9 '60 PPS, FILED ITY OF sou 1 u, ,x ca the applicable provisions of said zoning ordinance of the City of South Bend, Indiana; that Petitioners desire that the real estate as described in paragraph No. 1 as aforementioned be re- zoned and that the aforementioned zoning ordinance be amended in order that the zoning classification of the aforementioned real estate described in paragraph No. 1 hereof may be changed from a "B" Residence Use District and an "A" Height and Area District to a "C" Commercial Use District and an "E" Height and Area District, and thus conform to the zoning of the real estate bordering the realty of the Petitioners on the Easterly side. WHEREFORE the undersigned Petitioners respectfully request the Honorable Common Council of the City of South Bend, Indiana and the Honorable City Plan Commission of the City of South Bend, Indiana to rezone the aforementioned real estate by amending Ordinance No. 3702 as amended in order that the real estate described in paragraph No. 1 of this petition may be zoned as a "C" Commercial Use District and an "E" Height and Area District under the applicable provisions of such zoning ordinance. IN WITNESS WHEREOF, Petitioners do hereby execute and submit this petition. By� " y{ _ "'_ Warren E. McGill—, His Attorney in Fact obeli. — e 7 - - - -� / – U - " Lit /C, 3 e u STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said County and State, personally appeared Warren E. McGill, Attorney in Fact for Emery Mak, and acknowledged the execution of the above and foregoing petition for and on behalf of said Emery Mak as his free and voluntary act for the uses and purposes therein set fi IN WITNESS WHEREOF, I do hereby set my hand and seal this 24th day of October, 1960. p Myrtle L. Marquis/ otat� ry Public My commission expires: Oct. 22, 1963 STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said County and State, personally appeared Noble G. Heidrich and Helen K. Heidrich, husband and wife; Hildred Kuhn, single and adult; Clarence Oswalt and Inez Oswalt, husband and wife; Clara Kuhn, widow and adult; Henry C. Wittmack and Emma A. Wittmack, husband and wife; and acknowledged the execution of the above and fore- going petition for amendment of zoning ordinance for the purpose therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal. My commission expires: Nov. 3, 1962 e �* � 4 ^li Ci "!u�SOUT e �* STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said County and State, personally appeared Frank D. Cook and Helen Cook, husband and wife, and acknowledged the execution of the above and fore- going petition for amendment of zoning ordinance for the pur- poses therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal. Be ty And ray, oar ublic My commission expires: Nov- 3, 1962