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HomeMy WebLinkAboutAmending Chapter 21, Article 8, Section 21-135 Definitions, to add a definition of lot of recordORDINANCE No. 9029-99 Passed by the Common Council of the Ciry of South Bend, Indiana September 14, Attest: LORETTA J. D Attest: ~~ c Presented by me to the Mayor of the City of South Bend, Indiana September 14, 19 99 City Clerk President of Common Council 19 99 City Clerk Approved and signed by itte S a = t am}i a r i ~ , 19 ^~ ~- Mayor ORDINANCE NO. ~ Z - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 8, (SUBDIVISIONS), SECTION 21-135 DEFINITIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A DEFINITION OF LOT OF RECORD Statement of Purpose and Intent The purpose and intent of this Ordinance is to add a definition for lots of record to Chapter 21, Article 8, Subdivisions, of the South Bend Municipal Code. The Common Council of the City of South Bend finds that it is desirable to add a definition for lots of record. NOW THEREFORE, be it ordained by the Common Council of South Bend, Indiana, as follows: Section 1. Chapter 21, Article 8, Section 21-135 be amended by adding the following definition: (23.1) Lot of record means: A. Any lot, in its entirety, of a subdivision that was recorded in the Recorder's Office prior to the adoption of this ordinance. B. A parcel described by a metes and bounds description, or as lots or anv combination of parts of lots of an unrecorded subdivision provided that all of the followingprovisions are complied with: 1. recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office prior to June 13, 1949; and 2. the current legal description describes the parcel as recorded in the Recorder' Office on or before June 13, 1949; and 3. the parcel has frontage alon ag n improved, dedicated, and accepted public road. C. A parcel described by a metes and bounds description, or as lots or anv combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: 1. recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office after to June 13, 1949, but on or before December 11, 1961; and 2. the current legal description describes the parcel as recorded in the Recorder' Office after June 13, 1949, but on or before December 11, 1961; and 3. the parcel consists of at least 6,000 square feet; and 4. the parcel has fronta eg along an improved, dedicated, and accepted public road. D. A parcel described by a metes and bounds description, or as lots or an combination of parts of lots of an unrecorded subdivision provided that all of the following,provisions are complied with: 1. recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office on or before July 27, 1966; and 2. the current legal description describes the parcel as recorded in the Recorder' Office on or before July 27, 1966; and 3. the parcel meets or exceeds the lot area and width requirements of the zoning district in which the parcel is located;_and 4. the parcel has frontage as required by the zoning ordinance along an improved, dedicated, and accepted public road. E. A parcel of land described by a metes and bounds description, or as a lot or lots or any combination of parts of lots of an unrecorded or recorded subdivision that does not meet any of the other sections of this definition and provided that prior to the adoption of this ordinance the following were met: 1. recorded evidence of ownership describing the propertv as a single and separate ownership was recorded in the Recorder's Office; and 2. a primary building existed on the propertv. F. A lot of record as defined in items A through E above which is reduced in area as a result of action by a governmental unit or entity. Section 2. This ordinance shall be in full force and effect from and after is passage by the Common Council and approval by the Mayor. C~ Member of the Common Council 1st READWG 1-L(,'`~~ PUBLIC HEARING ~-~~-r1`i 3rd READING ~ _ ~ `~-q~ NOT APPROVED REFERRED /~ro..rn 7~e... l~Z~`°1R .1 ~! ~ ~ 7 1x99 CITY CLEi?;:, :'~. i>"t;:.~, ;.t;. PASSEQ `~-~l~_`~~ a COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 57-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 8, (SUBDIVISIONS), SECTION 21-135 DEFINITIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A DEFINITION OF LOT OF RECORD 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 ' ~ 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 July 14, 1999 Sean Coleman, President City of South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend the Subdivision Ordinance to Define Lots of Record Dear Mr. Coleman: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to define lots of records within the City's subdivision ordinance. In the 1950's and 1960's, the City's Building Department did not necessarily require that property owner have a legal lot of record in order to obtain a building permit for a new house. This resulted in the creation of numerous illegal splits. Over the years, these lots have changed hands. Once the City began properly enforcing the ordinances, property owners who wished to sell their "illegal splits" had to first hire a land surveyor to do a minor subdivision. The County was faced with the same problem and amended its ordinance to grandfather lots with existing houses. This amendment received widespread support from realtors, title companies, and land surveyors. The proposed ordinance would do the same thing as well as set out various dates that the Building Department uses in determining lots of record. Please place this proposed ordinance on the July 26, 1999, Common Council agenda for first reading. We anticipate that the Area Plan Commission will hear this ordinance on August 17, 1999. ~„ .~. _,.,,~. If you have any questions, please feel free to contact me. Sincerely, C~~" ~~ ohn W. Byorn' -~ i ~=it~ i6~ t>i~5~~~ e.Ji~~.~u' U [_ 1 5 1999 L:" J 1, W+ L`'.:ai. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana . Area Plan Commission of St. Joseph County . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 219 235-9571 August 18, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 219 235-9813 RE: A proposed ordinance initiated by the Area Plan Commission Amending Chapter 21, Article 8, ~Subdivis><ons), Section 21-135 definitions, of the South Bend Municipal Code to add a definition of Lot of Record - APC # 1944-99 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on August 5, 1999. The Area Plan Commission at its public hearing on August 17, 1999, took the following action: Upon a motion b~ John McNamara, being seconded by Robert Hawley and unanunously carried, the proposed ordinance initiated by the Area Plan Commission Amending Chapter 21, Article 8, (Subdivisions), Section 21-135 definitions of the South Bend Municipal Code to add a definition of Lot of Record is sent to the Common Council with a favorable recommendation. In the past, numerous illegal lots were created in the City. This amendment would define what lots are legal, including lots with existing buildings. A similar amendment has already been passed in the County. 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. Si ely, ~~. k ert . Sante RWS:sr Attachment j7 ~-~,- ,..q .~ - G 9i .. 8S 1 <SJ L i.: ~ yb::'~ ... ~..- e.....-.....s.~~ ~,I.IG 9 ~ 1g99 Cif 'a' C L r S :'::, : f :i. W _ ; .''..A, I:";. Serving South Bend, Lakeville, New Carlisle, North liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT August 9, 1999 Initiated by the Area Plan Commission 1944-99 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initated petition to add a definition of a lot of record to the South Bend Subdivision Ordinance. 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. In the past, numerous illegal lots were created in the City. This amendment would define what lots are legal, including lots with existing buildings. A similar amendment has already been passed in the County.