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HomeMy WebLinkAboutZoning - Lots 1,2,3 and 4 NW of Kaley St to Lincoln Way WestORDINANCE No. 4022 Passed by the Common Council of the City of South Bend, DECEMBER 13TA, =9354 Clerk of Common Council Presented by me to the Mayor of the City of South Bend, A. Approved and signed by me nPrEMBER 4TH 19j4 AWN'7 Clerk ORDINANCE N0, y O m2 A AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED U THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION I. Ordinance No. 3702, being a zoning ordinance of the City of South Bend, be and the same hereby is amended so that the zoning classification of the following described real estate in South Bend, Indiana, to -wit: Lots numbered 1, 2, 3 and 4 as shown on the recorded Plat of Lincoln Terrace Addition to the City of South.- ..Bend be, and the same is hereby IN changed from B Use and A Height and Area to C Commercial Use and A Height and Area. SECTION II: This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and legal publication. let & 2nd REAL't:z /a —/ 3 CDMAMI EE OF THE WHOLE P1.19LI0 HEARING 3re''..EADN?G NOT V? JVED NEFEAIED PASSED l a —13--0 -x-1 �.� htt CITY OF SOUTH BEND SOUTH. BEND, INDIANA CITY PLANNING COMMISSION ROY A. WORDEN PRESIDENT J. FRANK MILES VICE-PRESIDENT WALTER GLASS GALEN B. SARGENT RAYMOND S. ANDRYSIAK DR. L. A. RAUSCH DONALD L. ADAIR FLOYD WERNTZ, JR. F. R. HENREKIN ROBERT L. HUFF DIRECTOR OF PLANNING December 6, 1954 Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The petition of Paul and Mae Tuesley to rezone Lots 1, 2, 3, and 4 of Lincoln Terrace Addition from B -Use and A- Height and Area District to C- Commercial Use and AHeight and Area District, was legally advertised on date of 22 November, 154, a public hearing held thereon by the City Planning Commission under date of 2 December, 154.)( The adoption of the ordinance relative thereto is not recommended for the following reasons, as transcribed from the 2 December meeting of your City Planning Commission: 1. "There now exists a 239.5 foot frontage on Lincoln Way West immediately to the East of subject property, separated only by Kaley Street, a street of 60 foot right -of -way and that this frontage is now zoned commercially and has been vacant since its rezoning in November 13, 1951. 2. That the use of lands in the immediate area is predominantly residential use. 3. That the granting of petition would, in effect, be a continuation of "strip zoning" along Lincoln Way West, which is against the best concepts of zoning for consoli- dated shopping districts with sufficient off- street parking. Page - 2 - 4. That there exists sufficient commercially zoned lands in the general neighborhood, and that rezoning of subject property would not be in the interest of the public's safety, convenience, and general welfare; and would, in fact, be detrimental to the property values and amenities of the neigh- borhood. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION 6�W Robert L. Huff Director - Secretary r BEFORE THE HONORABLE CITY COUNCIL OF T1 CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA AND THE CITY PLAN COMMISSION OF SAID CITY SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ### * ** #3!*if', ** **?tom PETITION OF PAUL S. TUESLEY AND MAE I. TUESLEY, HUSBAND AND WIFE, FOR THE RE- ZONING OF LOTS NUMBERED 1, 2, 3 and Q AS SHOWN ON THE RECORDED PLAT OF LINCO TERRACE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA FROM "B" USE TO "C" USE COMMERCIAL. Comes now your petitioners, PAUL S. TUFSLEY and MAE I. TUESLEY, his wife, and show to your honorable City Council as follows: 1. That they are the owners of the following described real estate situate in the City of South Bend, St. Joseph County, Indiana., to -wit: Lots Numbered 1, 2, 3 and Q as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend. 2. That said real estate is now zoned "B" Use and "A" Height and Area. 3. That they request that the said real estate be changed to "C" Use and "A" Height and Area. 4. The petitioners request this change of zoning for the purpose of constructing a super service gasolene filling station which said use is pro- hibited under the present zoning. 5. That the above real estate is located on Lincolnway West and on the North side of said street and that the block immediately adjoining these lots on the East has been re -zoned for "C Commercial ". That a greater part of said Lincolnway West between this above described real estate and the downtown business section of the City of South Bend is already zoned for "C Commercial" Use and in fact, almost the entire length of said Lincolnway West through the Citv of South Bend is so zoned. 6. That your petitioners are now living in a residence located on lot numbered 1 of Lincoln Terrace and that lots numbered 2, 3 and Q are vacant and unsightly and causes your petitioners considerable expense in keeping them cleaned up according to the City Ordinances of the City of South Bend, 7. That the super gasolene filling station which your petitioners desire (1) to construct would be constructed in harmony with the neighborhood and would prove to be of great benefit to the persons residing in the neighborhood as it would very greatly improve the appearance thereof. 8. That petitioners attach hereto and mark "Exhibit A" a plat of the neighborhood showing the real estate which they desire to be re -zoned and make same a part hereof. 9. That the names and addresses of the other persons owning real estate in this block are as follows: John Pliska 1121 North Kaley Street Richard Gratzol 1160 Eclipse Place Dr. C. A. Mott 2733 Lincolnway West Leo R. Rotzoll 1135 North Kaley Street John T. Witzak 1131 North Kaley Street WHEREFORE, your petitioners pray that this petition be submitted to the City Plan Commission for action and that the City Council of the City of South Bend order that the above described real estate be changed from "B" Use and "A" Height and Area to "C Commercial" Use and "A" Height and Area and for all other relief in the premises. Henry L. Humrichouser, Attorney for Petitioners State of Indiana) )SS St.Joseph County) S =� Paul S. Tuesley Mae I. Tuesley Before me the undersigned, a notary public, within and for said County and Sta personally appeared PAUL S. TUFSLEY and MAE I. TUESLF.Y, petitioners above, and after first being duly sworn according to law upon their oath deposes and says that the matters and things set forth in the above petition are true. WITNESS my hand and notarial seal this 5th day of November, 1954 at South Indiana. My commission expires: Notary /blic 1 -15-57 rf"T, . (z 1 yY IV, r 4Nco/iy / -rrac g W EXHIBIT A.