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HomeMy WebLinkAboutBill 29-98 Amend zoning at 4215 and 4227 s. michiganORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4215 & 4227 South Michigan, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990 -68, 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: All the lots numbered 95 and 82 and also a tract of land 34.1 feet width, North and South, taken off and from the entire length of the south side of lots numbered 81 and 96 and also a tract of land 40.9 feet in width, North and South, taken off and from the entire length of the north side of lots numbered 94 and 83 as shown on the recorded Plat of Myer's and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, in St. Joseph County, Indiana recorded in Plat book 10, page 176, said tract of and above described to have a frontage of 125 feet on South Main Street. All of lots 85 and 84 and part of lot 83 as shown on the recorded plat of Myer's and Funk Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana recorded in plat book 10, pages 176 and 177 in the Recorderd Office of said county, having 125' frontage on South Michigan Street and 152.55' frontage on Walter Street. Lots 92 and 93 and 94 as shown on the recorded plat of Myers and Funk's Third Plat of Chippewa Heights exception a tract or parcel of land 40.9' feet in width, North and South, taken off and from the entire north side of said lot 94. be and the same is hereby established as "C" commercial, "A" height and area. SECTION 11. 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. 1st READING 3 -/Z -1 PUBLIC H= ARING 3 rd READiNG NOT APPROVW, REFERRED PASSED Member of the Common Council Filed in Clerk's Office I- 14AR 31 1998 LORETrA J. DuCA WYCLERK, SO, BEND, IN. We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) Property to be rezoned is located at: 4215 South Michigan St. South Bend, IN 46614 2) Property is owned by: Wendy's of Fort Wayne, Inc. 310 Dixie Way South South Bend, IN 46637 3) N/A 4) It is desired and requested that this property be rezoned from "A" residential, "A" height and area and "C" Commercial, "A" height and area to "C" Commercial, "A" height and area. 5) The rezoning is requested to allow the following uses: Wendy's Restaurant and BP Convenience store combination unit. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Property owner Petition prepared by: Donald Keywood Area Director Wendy's of Fort Wayne, Inc. 310 Dixie Way South South Bend, IN 46637 219- 271 -9777 Filed in Clerk's Office =30, LOREnA J. DWA CITY CLERK, 80. SENDS IN.