HomeMy WebLinkAboutRezoning - Southwest Corner of Bulla Street and Anderson Ave.ORDINANCE No. 4199
Passed by the Common Council of the City of South Bend,
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Presented by me to the Mayor of the City of South Bend,
December
Clerk
President of Common Council
Approved and signed by me December 9 Igo 57
Clerk
7
ORDINANCE NO. 4199
AN ORDINANCE REZONING A TRACT OF LAND ONE HUNDRED (100) FEET IN DEPTH,
AND TWO HUNDRED FIFTY -SIX (256) FEET IN LENGTH, LOCATED AT THE SOUTHWEST
CORNER OF BULLA STREET AND ANDERSON AVENUE, FROM "A" RESIDENCE, TO "B"
RESIDENCE DISTRICT.
BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana:
THAT the zoning classification as to use district as the
same effects a tract of land described as follows:
One Hundred (100) feet in depth, East and West, and
Two Hundred and ifty -Six (256) feet in length, North
and South, located at the Southwest corner of Bulla
Street and Anderson Avenue, in the City of South Bend;
which tract is bounded on the North by Bulla Street,
on the East by Anderson Avenue, on the South by a
public alley running between Bulla Street and King
Street, and on the West by a tract of land, shown in
the Assessor's Records to be owned by one Joseph
Ambrosi.
is hereby changed from Class "A!' residence district and the same
tract of land is hereby zoned as Class "B" residence district.
This Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication.
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COMMITTEE OF THE WHOLE
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CITY OF SOUTH BEND
SOUTH BEND, INDIANA
CITY PLANNING COMMISSION
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ROY A. WORDEN
PRESIDENT
J. FRANK MILES
VICE-PRESIDENT
DONALD L. ADAIR
RAYMOND S. ANDRYSIAK
F. R. HENREKIN
BERT MCCLELLAN
CHESTER MUSZYNSKI
GALEN S. SARGENT
CHARLES A. VAN DEVEIRE
FLOYD WERNTZ, JR.
ROBERT L. HUFF
DIRECTOR OF PLANNING
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
November 8, 1957
The attached petition of James Borden, et al, to rezone land lo-
cated at the southwest corner of Bulla Street and Anderson Avenue,
being 256 feet frontage on Anderson Avenue, from "A" Residential
to "B" Residential was legally advertised on 28 October 1957 and
given public hearing under date of 7 November 1957• The following
action was taken:
After due consideration the Commission found that the entire
area surrounding subject property was zoned "A" Residential
and that the granting of the petition would constitute spot
zoning and was, therefore, illegal.
It was therefore duly moved, seconded and unanimously carried
that the petition be recommended unfavorably.
Very truly yours,
CI KING COMMISSION
er L. Huff,
Secretary
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Attachment
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REF 12 '57 pM
L_ 2
PETITION FOR AMENDMENT OF ZONING 9' _3
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TO THE CLERK OF THE CITY COUNCIL CITY OF7SOUTH BEND
OF THE CITY OF SOUTH BEND '""^ "°ate. "Eft"
GENTLEMEN:
James G. Borden, Anna M. Borden, James C. Borden, and
Joan C. Borden, husband and wife and son and daughter, respectively,
herewith respectfully petition an amendment of the zoning ordinance
of the City of South Bend, requesting a change of,the zoning regu-
lations relative to use classifications; and show the following
facts:
1. That the petitioners are residents of South Bend, Indim a,
residing at 1606 East Madison Street, and are the owners in fee
simple of the following described tract of real estate:
A tract of land one hundred (100) feet in depth, east and
west, and two hundred fifty -six (256) feet in length,
north and south, located at the southwest corner of Bulla
Street and Anderson Avenue in the City of South Bend. The
tract is bounded on the north by Bulla Street, on the East
by Anderson Avenue, on the south by a public alley running
between Bulla Street and King Street, and on the west by
a tract of land shown in the Assessor's records of Portage
Township to be owned by one Joseph Ambrosi.
That there is attached to this petition and made a part
hereof a plat map showing the location of the tract as outlined in
red.
That under the present zoning laws of the City of South
Bend, this tract of land is zoned as "A" residential.
That your present petitioners, as well as several former
owners of this land, have attempted on several occasions to induce
responsible realty corporations to erect single family residences
on this tract. That these efforts have been unavailing, and the
petitioners and previous owners of this land have been informed and
verily believe that because of the topographical features and the
location of the land, that it can not be economically adapted to
single family residences.
That your petitioners have succeeded in interesting a
responsible construction contractor in the erection of one or more
apartment buildings on the above described tract of land.
The utilization of this tract of land for apartment house
dwelling will not only render the land of use and value, but Will
not alter the essential character of its residential use and provide
needed housing facilities for persons employed in the vicinity.
Petitioners would further show to the council that the
tract of land lying across Anderson Avenue to the east of the tract
described in this petition, while zoned "A" residential is presently
devoted to use as off- street parking for the commercial enterprises
located along Portage Avenue, such use being permitted by a variance
granted by the Board of Zoning Appeals by the City of South Bend.
WHEREFORE, your petitioners respectively pray that this
petition be referred to the Plan Commission of the City of South
Bend for consideration and report, and that an amendment of the
zoning law of the City of South Bend be enacted changing the zoning
on the above described tract of land from "A" residential district
to "B" residence district.
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COMMITTEE OF THE WHpLS
PUBLIC HEARING .
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STATE OF INDIANA )
3 ST. JOSEPH COUNTY SS:
James G. Borden, Anna M. Borden, Jane C. Borden, and Joan
C. Borden, husband and wife and son and daughter, respectively, per-
sonally appeared before me, and being first duly sworn, upon their
oath depose: That they are the owner in fee simple of all above
described tract of land, and that the matters and things set forth
in this petition are true and correct.
Dated q--;& --5 7
My Commission Expires:
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SEP 12 '57 Pm