HomeMy WebLinkAboutZoning - Westside of Michigan St. between Eckman & OaksideORDINANCE NO. 4374 - - -61
Passed by the Common Council of the City of South Bend,
1961
Presented by me to the Mayor of the City of South Bend,
APRIL 25. __61
Clerk
Of Common Council
Approved and signed by me APRIL 25, 19 61
Clerk
IDEA4 PRESS
ORDINANCE NO. '
AN ORDINANCE AMENDING
ORDINANCE NO. 3702, COMMONLY KNOWN
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 Twenty five (25), Twenty six (26),
Twenty -seven (27), Twenty. -eight (28), Twenty -
nine (29), Thirty (30), Thirty »one (31), and Thirty-
two (32) in Oakside Second Addition,
be and the same hereby is changed from a "B" Residence Use Dis«
trict and an "A" Height and Area District to a "C" Commercial Use
District and an "D" Height and Area District.
Section Z. This ordinance shall be in full force and effect
from and after its passage by the Common Council, approved by the
Mayor, and legal publication.
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CG 12TTEF OF THE 4YHOLE
Punic
3rd READi f,
FEFE°,ED
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Member of the Common Council
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CITY PLANNING COMMISSION
ISO 129 W. COLFAX AVENUE, SOUTH BEND. INDIANA • FRANK J. BRUGGNER. MAYOR
C p C
April 14, 1961
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
J. FRANK MILES, VRDem[xT
GALEN B. SARGENT. M—P PCeIo cxT
RAYMOND S. ANDPYEIAK
NN E. RANLEK
RICHARD KI
CHESTER MOSZYNEKI
RICHARD VANSPAR95
WILLIAM FINEST PE WEST
RODERT L. HUFF. DIw c[ Ton ov PLANxlx4
HOWARD J. BELLINOER. A.— ein, oe ruxxme
The attached petition of Michael and Elizabeth Ettl, et
al, to rezone Lots Numbered Twenty -five (25) through
Thirty -two (32), inclusive, in Oakside Second Addition,
being more generally described as the west side of
Michigan Street between Eckman Street and Oakside
Street, from "B" Residential Use District and "A"
Height and Area District to IICII Commercial Use District
and I'D" Height and Area District, was legally advertised
under date of April 6, 1961.
After due consideration the Commission found
the subject property to be zoned commercially
on all sides except the west which is zoned
light industrial. The Commission also found
very predominant commercial use in the property
immediately surrounding except to the west
wherein there is a small amount of commercial
and industrial use, The Commission found that
in view of the surrounding land uses and zoning
there is substantial justice in granting this
petition. It was therefore duly moved, seconded
and unanimously carried that the petition be
recommended favorably to the Common Council.
Very truly yours,
CITY NG COMMISSION RoH t L. Hurff,h
Director - Secretary
RLH/jry
Attach.
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
IN THE MATTER OF THE )
PETITION OF MICHAEL )
ETTL & ELIZABETH ETTL; )
GLEN W. CROW & DOROTHY )
M. CROW; ERNEST J. NAGY )
& JANE NAGY; CHARLES M. )
CASPERSON & GERTRUDE )
CASPERSON )
a
ii
C!iy OF souiH zeri,
NO3LE, CLEM
PETITION TO REZONE
REAL ESTATE
TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
The undersigned petitioners, Michael and Elizabeth Ettl, are
the owners of Lot Numbered Twenty -five (25) in Oakside Second Ad«
dition of the City of South Bend; the petitioners, Glen W. and Dorothy
M. Crow, are the owners of Lot Numbered Twenty »six (26) in Oakside
Second Addition; the petitioners, Charles M. and Gertrude Casperson,
are the owners of Lot Numbered Thirty »two (32) in said addition; the
petitioners, Ernest J. Nagy and Jane Nagy, are the owners of Lot
Numbered Thirty-one (3 1) in said addition. That such petitioners
constitute 5010 of the owners of the property in the affected area.
Your petitioners further show that Lots Numbered Twenty-five
(25), Twenty-six (26), Twenty -seven (27), Twenty-eight (28), Twenty-nine
(29), Thirty (30), Thirty-one (31) and Thirty «two (32) in Oakside Second
Addition, are presently zoned "B" Residential and "A" Height. and Area.
Your petitioners further say that Lots Numbered Twenty «five
(25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty «nine
(29), Thirty (30), Thirty-one (31) and Thirty-two (32) inclusive in Oakside
Second Addition constitute the entire city block between Eckman Street
on the north and Oakside Street on the south and front of South Michigan
Street, and immediately east of the north and south alley extending from
Eckman Street to Oakside Street between South Michigan Street and South
Main Street.
That the real estate lying immediately to the north of the
property herein, to the east and to the south, is zoned "Commercial ",
and that the real estate lying immediately to the west of the real estate
herein is zoned "Light Industrial ". That in view of the zoning classifi-
cation of the surrounding area, this real estate should more properly
be zoned in accordance with the real estate of the surrounding area, and
such would be the case if same were zoned "C" Commercial and "D"
Height and Area.
The petitioners further say that the present zoning ordinance
zoning such real estate as "B" Residential is unconstitutional with
reference to such real estate in that it permanently restricts the use of
such real estate so that it cannot be used for any reasonable purpose,
and consequently, such ordinance goes beyond regulation and is un-
constitutional in that it is an unlawful taking of property without due
process; and further, that the ordinance in question precludes the
owners herein from using their property for any purpose to which it
can be reasonably adapted by virtue of the character of the neighborhood.
WHEREFORE,, your petitioners pray that the zoning ordinance
commonly known as Ordinance No. 3702 be amended to rezone Lots
Numbered Twenty-five (25), Twentyesix (26), Twenty -seven (27),
Page 2
Twenty eight (28), Twenty -nine (29), Thirty (30), Thirty..one (31)
and Thirtyatwo (32) in Oakside Second Addition from "B" Residential and
"A" Height and Area to "C" Commercial and "D" Height and Area dism
trict.
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