HomeMy WebLinkAboutRezoning - 705 Lincolnway EastORDINANCE No. fl~s=ss
Passed by the Common Council of the City of South Bend, Indiana,
November 8, 19 99
Attest:
Arrest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
President of Common Council
November 9, 19 99
City Clerk
Approved and signed by me November 9, 19 99
Mayor
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ORDINANCE NO. ~ ~ ~ 3 - 1
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 705 LINCOLNWAY EAST
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 lmown 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:
Lot 65 and Lot B, and 3' S.W. side of Lot 64 & A of Edgewater Place Addition
be and the same is hereby established as "B" Residential "E" Height and Area.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the mayor, at
1 st READING ~ ~~~~~
PUBLIC HEARING 1~-~-~~
3.rd READING 1~-~~-~y
NOT APPROVED
REFERRED ~,~,y,~~p1a~.9 2X ~~
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Date Filed
Application Number
Date received by the Area Plan Commission - - - - - - - -
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Ithe undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning
ordinance as herein requested.
!) The Property sought to be rezoned is located at:
705 Lincolnway East, South Bend, Indiana 46601
2) Name and address of property owners of the petition site:
Patrick D. Myers & Jill Johnson Myers
934 Homewood Ave.
Mishawaka, IN 46544
219-258-5451
3) Name and address of contingent purchaser(s).
n/a
4) It is desired and requested that this property be rezoned
from "C" Commercial "E" Height and Area
to "B" Residential "E" Height and Area
5) This rezoning is requested to allow the following use:
Multi Family Apts
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 (6) site plans; and
(d) addressed stamped envelopes for all property owners within 300 feet of the petition property.
7) By signing this petition, I and any contingent purchasers 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 (1) 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.
Si res of A rop Owners:
PETITION PREPARED BY: CONTACT PERSON:
Name Patrick D. Myers N/A
Address 934 Homewood Ave.
Mishawaka,IN 46544
219-258-5451
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
81-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 705 LINCOLNWAY EAST IN THE CITY OF SOUTH
BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is being
recommended to the full Council with a favorable recommendation.
Charlotte Pfeifer
Chairman
September 7, 1999
Members of the Common Council:
RE: 705 Lincolnway East, South Bend, Indiana
This petition for rezoning was made necessary because even though the building
was built as a four unit residential building, it was incorrectly zoned as "C" Commercial.
Apparently, as I understand it, the people that zoned the building "C" Commercial
thought Lincolnway East should be used for commercial purposes and did this with no
regard for the existing use. Due to the size of the lot and type of construction, I, as a real
estate broker, realize that the building has no commercial potential. Additionally the
entire property lies within the Edgewater Place Historical District, which precluded any
exterior modifications. The zoning ordinance also requires one parking space for each
200 square feet of commercial building space. In my opinion, this building could not
legally have been zoned "C" Commercial.
The buildings on either side of this building are also Multi Family in use and
appear to have been for most of this century.
This zoning is an extreme financial burden since without a rebuild letter from the
building commissioner, I cannot get a mortgage or sell this property to anyone requiring a
mortgage. The building Commissioner has refused to write a rebuild letter even though
everyone agrees that, because of the historical district, it would have to be rebuilt exactly
as it stands.
Sincerely,
Patrick D. Myers
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A. 705 Lincolnway East, South Bend, Indiana -Multi Family Apartment Building
B. Dimensional Setback lines 40' X 140'
C. Street names -Lincolnway East, South Bend. Right-of--way widths - 60'.40' Concrete parking off of
the alley.
D. The property is on City Sewer and water and it on a paved city street and a city alley way which
provides access for parking.
E. N/A
F. Data:
1. Gross number of dwelling units - 4
2. Parking Information -one space per unit as required
3. Data:
USE AREA (sf) of ARE
~unamg Inez s3"lo
Parking & Drive 1000 20%
Open Space 2338 47°l°
Total °
4. N/A
G. N!A
H. All requirements of the proposed zoning district are met on the plan.
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Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
October 20, 1999
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Patrick D. Myers and Jill Johnson Myers
to zone from "C" Commercial, "E" Height and Area to "B" Residential, "E" Height and Area,
property located at 705 Lincolnway East, City of South Bend - APC #1957-99
Dear Council Members:
The above referenced ordinance and site development plan of Patrick D. Myers and Jill Johnson
Myers was legally advertised October 7, 1999. The Area Plan Commission at its public hearing
on October 19, 1999, took the following action:
Upon a motion by Lew Powell, being seconded by Lloyd Taylor and unanimously carried, the
proposed ordinance and site development plan of Patrick D. Myers and Jill Johnson Myers to zone
from "C" Commercial, "E" Height and Area to "B" Residential, "E" Height and Area, property
located at 705 Lincolnway East, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a final site development plan. This site has been in
continuous use as apartments since before the zoning code was adopted. This rezoning would put
the zoning in conformance with the existing use.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public hearing, and will be forwarded to you at a later
date to be made a part of this report.
Attached, for your consideration in the review of this matter, is a copy of the Area Plan
Commission's Staff Report.
Sin rel ,
Rob rt W. ante
RWS:sr
Attachment
CC: Patrick D. Myers and Jill Johnson Myers
Filed in ~leei;'s ~ffi~e
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LORE7TA J. Ot1aA
Cn'Y Cl.ERk, v0. f3fND, iR1,
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT October 12, 1999
Patrick D. Mvers and Jill Johnson Mvers 1957-99
Location: 705 Lincolnway East
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "C" Commercial, "E" Height and Area to
"B" Residential, "E" Height and Area to allow
multi-family apartments.
EXISTING LAND USE: The property currently contains a multi-family
building.
SURROUNDING LAND USE AND ZONING: Located to the north are single family homes
zoned "A" Residential, "A" Height & Area; to
the east and south are multi-family homes and
businesses zoned "C" Commercial, "E" Height &
Area; and to the west are businesses and
multi-family homes zoned "C" Commercial and
"B" Residential, "E" Height & Area.
ACCESS: ~ Access to the site is from Lincolnway East.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 5,600 square
feet. Of that, the buildings will occupy
1,334 square feet, or 24 percent of the site;
the parking and drives will occupy 1,320
square feet, or 24 percent of the site; and
2946 square feet or 52 percent of the site
will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, flood hazards, wetlands, or
environmental hazard areas are present.
SITE PLAN: The site plan is final.
AGENCY COMMENTS:
PRELIMINARY
STAFF RECOMMENDATION: Based on information available prior to the
public hearing, the staff recommends that this
petition be sent to the Common Council with a
favorable recommendation. This site has been
in continuous use as apartments since before
the zoning code was adopted. This rezoning
would put the zoning in conformance with the
existing use.
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LOAETTA J. a1J'DA
CTYY CLERK, :3fl. a~FdD, lei,
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REZONING FRAM; 'C' COMMERCIAL, 'E' HEIGHT & AREA,
TD. 'B' RESIDENTIAL, 'E' HEIGHT & AREA
PETITION AREA ® J~
SOUTH BEND EXISTING ZONING t V
'A' RESIDENTIAL ~i[ed [~ ~[eg~~;'~ ,off+,~~ APC # i957-99
'A3' RESIDENTIAL
'B' RESIDENTIAL OCT 2 ~ 1999
'C' COMMERCIAL
'D' LIGHT INDUSTRIAL 0 1 0 0 2 0 0 4 0 0
'E' HEAVY INDUSTRIAL LO~~~~• ~a~ r ~
Crrv CLERK, ^,o. Q~ryo, o~.
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