HomeMy WebLinkAboutZoning - N.W. Intersection of Fremont & KenwoodORDINANCE No. 3954
Passed by the Common Council of the City of South Bend,
JANUARY
Presented by me to the Mayor of the City of South Bend,
JANUARY 12TH9 „4 54
N
Clerk
of Common Council
Approved and signed by me JANUARY 12TH9 194-L4-
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ORD 1' `ANCE NO. 3954
This ordinance is amendatory of Ordinance No. 2331, as
amended by Ordinance No. 3702, commonly known as the Zoning
Ordinance.
BEND:
BE IT ORDAI14ED BY THE COMMON COUNCIL OF T:iE CITY OF SOUTH
Section 1. That Ordinance No. 3702 of the City of South
Bend, Indiana, amending Ordinance 2331, otherwise known as the
Zoning Ordinance, be and the same is hereby amended as follows,
to -wit:
That said Ordinance No. 3702 be and is hereby amended in
the following particulars, to -wit:
That Lots Numbered Ninety -five (95) and Ninety -six (96)
in Haley's First Sub - division to the City of South
Bend, shall hereafter be "B" Use and "B" Haight &
. xxxc ,r,rxxxxxrsxxxxxx > tx Area District. `— -
Section Z. This ordinance shall be in full force and
effect from and aftar its passage by the Common Council of the
City of South Bend, and it is approved in writing by the Mayor.
I -// -sAll
Mamtier u
ROY A. WORDEN
CHAIRMAN
J. FRANK MILES
VICE-CHAIRMAN
WALTER GLASS
GALEN B. SARGENT
RAYMOND S. ANORYSIAK
DR. L. A. RAUSCH
DONALD L. ADAIR
FLOYD WERNTZ. JR.
ROBERT L. HUFF
DIRECTOR OF PLANNING
CITY OF SOUTH BEN
SOUTH BEND, INDIANA
CITY PLAN COMMISSION
January 1U.. 1954
To: Common Council, City of South Berri
Gentlemen:
Petition of Albin J. and Josephine T. Jez
for change of zoning district of Lots 95 and 96 in
Kaleyls First Subdivision from C use and D height and
area district to A or B use and A or B height and area
district. These lots are located at the northwest inter-
section of Fremont and Kenwood Streets. The immdiate
neighborhood of property involved now exists in predomi-
m ntly residential use.
The change is recommended from C use and D
height and area district to B use and B height and area
district.
RIH:nt
trolly /youre�
Robert L. Huff
Secretary
i1 D� '1 ° 1353
MAYME DU MONI
CITY CLERK.
PETITION FOR CHANGE OF ZONING
HONORABLE COMMON COUNCIL
OF THE CITY OF SOUTH BEND.
Comes now Albin J. Jez and Josephine T. Jez, husband and
wife, who now respectfully represent and show to the Honorable
Common Council of the City of South Bend, the following, to -wit:
That they are the fee simple owners of the following
described real estate situated in South Bend, St. Joseph County,
Indiana, to -wit:
Lots Numbered Ninety -five (95) and Ninety -six
(96) in Kaley's First Sub- division to the City
of South Bend.
That the said lots are located in a "C" use district and
a "D" height and area district, by virtue of the Zoning Ordinance
now in full force and effect, being Ordinance No. 3702 Amendatory
of Ordinance No. 2331.
That the said lots are specifically located at the Northwest
intersection of Fremont and Kenwood Streets in the City of South
Bend; That at the time the lots were originally zoned, they were
a part of an overall plan for development of industrial, commercia
and residential areas in and near the South Bend plant of the Bend
Aviation Corporation, and at the time the said lots were zoned it
reasonably expected that this area would develop as expected
and the said lots and that the said lots would be required for
commercial uses to serve the residential area then developing.
That in truth and in fact the area did not develop as it was
expected, and that the area in question has for a long time been
used primarily for residential purposes, and that at the present
time there is no need for commercial areas where these particular
lots are located, with the exception of one store building located
directly East of the lots owned by your petitioners, but the said
t
store building has been used primarily for residential purposes
in the last several years and it has been impossible for a
successful business establishment to be situated in the said
building by reason of its now poor commercial location.
That the said lots have lost all their value as commercial
real estate and have failed for that specific purpose, and the
only real value of the said lots lies in their use for residential
purposes.
WHEREFORE, your peritioners respectfully pray that the
Common Council of the City of South Bend amend the zoning
ordinance now in full force and effect and that the zoning class-
ification of said lots No. 95 and 96 in Kaley's First Sub - division
be changed from "C" use district and 1'D" height and area district
to either "A" or "B" use district and "A" or "B" height and area
district, whichever in the opinion of the Honorable Common Council
of the City of South Bend would best conform to the manner in
which the said area has actually developed.
State of Indiana )
)SS:
St. Joseph County)
Before me, the undersigned, a Notary Public in and for said County
and State personally appeared the said named Albin J. Jez and
Josephine T. Jez, who first being duly sworn upon their oath,
acknowledged the execution of the foregoing petition as being true
to their best knowledge and belief, this day of iA�
1953.
M
Commission Expires
-i s -� s
OFFICE of the CITY CLERK
Date------ --------------- 19_53
To -------------- C ITY . -PL. -A--N COMMISSION
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At the ------ Donamber-14th,-Ragalar -------------- ------------------------------- -----------------------
meeting of the Council the following matter was referred to you for appropriate disposal or for spe-
cific action as indicated:
Petition of Albin J. & Josephine To Jez to rezone Lots No.
95 and 96 in Kaleyis First Sub—division from "C" Use District
and "V' Height and Area District to either "A" or "B" Use
District and "A" or "B" Height and Area District•
Councilman Bestle made a motion that the petition be referred
to the City Plan Commission. Councilman Hahn seconded the
motion. Motion carried*
Documents attached: CITY CLERK
Petition EVELYN M. HENESSY
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