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Home My WebLink About9920-09 Rezoning - 117 North Taylor - District 2ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana May 11 2009 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana May 12 May 14, City Clerk President of Common Council City Clerk Approved and signed by me ZO 0 9 ZO ~ 9 Mayer ORDINANCE NO. ~ ~ ~ O~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Current zoning is mixed use (MU). Desired zoning would be single family (SF2) in order to build a garage. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: Beginning at the northeast corner of lot 1 Taylor Street minor then west 94.76 feet then north 44.5 feet then east 94.76 feet then south 44.5 feet to the point of beginning. be and the same is hereby established as SF2 single family and two-family district. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the C Z ~`{" day of , 2009, at 11~• 3a o'clock ~.m. City Cler ~ r p~~..~ Approved and signed by me on the ~ day of ~, 2009, at ~~ o'clock .m. Mayor of the City o outh Bend, Indiana 1st READING 3~`l ~~ PUBLIC NcARING S =1l_~k 3rd READING S ~~-off NOT APPROVED ~~q REFERRED A''P 3 ~ ~ } PASSED s _ 6 ~ - oq I'il~d In Glerl~'s O~fiice FEB 2 7 2009 JOHN VOORDE CITY CtERtC, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2, 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No I (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) The property sought to be rezoned is located at: 117 North Taylor Street South Bend, Indiana 46601 2) Name and address of property owner(s) of the petition site: Donald Kenneth Irmiger III 117 North Taylor Street South Bend, Indiana 46601 (574) 288-4705 3) Name and address of contingent purchaser(s), if applicable: n/a 4) It is desired and requested that this property be rezoned From MU mixed use district To SF2 single family and two-family district 5) This rezoning is requested to allow the following use(s): Existing single family home and construction of a detached garage. 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/i" x 11" format. Signature of property owner PETITION PREPARED BY: CONTACT PERSON: (If different) Donald Kenneth h-miger III same 117 North Taylor Street South Bend, Indiana 46601 don@irmiger.com ~1~~~ ~n ~~~1'r~C' ~ ~f ~€CL' F E 6 2 7 2009 JQI''I V~o1J tS1aE CITY Cl.e:''r,(, c0. GEND, IN, Legal description: Beginning at the northeast corner of lot 1 Taylor Street minor then west 94.76 feet then north 44.5 feet then east 94.76 feet then south 44.5 feet to the point of beginning. F43~~ tit ~;~4`!~'~ C~~~~~G~ FEB 2 7 20D9 ,}O~it7 ~'GQ`'~E C4TY GE.t:t"";~, ~0.6t1d~,1N. Statement of purpose and intent: Current zoning is mixed use (ML1). Desired zoning would be single family (SF2) in order to build a garage. !'4; ~6s FED 2 7 2009 ,1;4„1 V)'~:~d~ 'J. CI ~ ""°` ~- fi Pr~~a`y -~'enc~ ~.. .~y,s :~ -~ ~~f.~6' ,. Ft~~~ ~~ ~4C~~;'~ ~d~a~~ F E g 2 7 20C9 ,~ y 6~orf~ To~y~vr St. raye o -• ~~- ~r LA SALLE --r - ~ ~ - 1/251 1 -~ 4Zaa ° c( ~ ~ ~ I i I 4 µf `` I~~i. 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'~ 50 441. n , .'... -ia95 ' 7 h 2 • ~ ~s 5.0, 9 Z m :Q354A~ ~p=.~71 ae "s 66 ~ 4 8I ~4s s~ 75 r- BLVD. SF2 ~ ~ ~ ~ I ~ ~2 ~ ~ M~ 0 N Colfax Ave MU ` SF2 MF1 Washington St N O 2 SF2 MU rn MU 0 A F ~,14U Information shown on this map N is not warranted for accuracy or merchantability. Reproduction of this material is not possible W $ MU without the written permission of St. Joseph County, Indiana. , S Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 April 22, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Donald Kenneth Irminger III to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 117 N. Taylor Street, City of South Bend - APC# 2507-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Donald Kenneth Irminger III was legally advertised on Thursday, Apri12, 2009 and that the Area Plan Commission at its public hearing on Tuesday, Apri121, 2009 took the following action: Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, the proposed ordinance of Donald Kenneth Irminger III to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 117 N. Taylor Street, City of South Bend is sent to the Common Council with a favorable recommendation. It is appropriate at this time to allow the continued and expanded use of this site as a residence. 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. Sincerely, 1~ t~ hn W. Byorn JWB:jsc Attachment Donald Kenneth Irminger III Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Renort APC # 2507-09 Owner: Donald Kenneth Irminger III Location: 117 N. Taylor Street ~durisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow existing single family home. Land Uses and Zoning: On site: On site is an existing single family home. North: To the north is a single family home zoned MU Mixed Use District. East: To the east across Taylor Street is the pazking lot for an office building. South: To the south is a vacant lot owned by the petitioner. West: To the west are apartments zoned MFl Urban Corridor Multifamily District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that aze compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, nahu~al gas, electricity, telephone, etc.) is required for development within this district. Site plan description: No site plan is required. There is an existing house. Traffic and transportation considerations: Taylor Street is two lanes. The is no alley access. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: _ City Plan, South Bend ComQrehensive Plan. November 2006 H 2.6 Encourage homeowners to maintain their homes. The addition of a garage supports the continued use of the site as a single family home. Land Use Plan: The future land use plan shows this area as Mixed Use and Multi-family. 2. Current rnnditions and character: There is a small apartment building at northwest corner of Taylor Street and Washington Street. Just north of that is a janitorial business. The rest of the block north to Colfax Street consists of single family homes. The northeast comer of Taylor Street and Washington Street is an office building and parking lot. At the southeast corner of Taylor and Colfax is a printing business. The general uses within several blocks is a mixture of single family, multi-family, and office. 3. Most desirable nse: The most desirable use is to maintain the continued use of the existing house as a residence. Donald Kenneth Irminger III #2507-09 Page 1 of 1 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow a single family home to continue to be used as such. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common council with a favorable recommendation. Analysis: It is appropriate at this time to allow the continued and expanded use of this site as a residence. Donald Kenneth Irminger III #2507-09 Page 2 of 2 0 Colfax 1; Washington ~~F ~ _ Sri`. ~ 4' .~ 4 ~~ , 1 5 S ~ y 1 y' l ' . ~ ~ ~~ 4 1Ll ~ f : ~} ~~'~~ . ~ ~~ 'ry ~ ~. ~ i~. ~l~> 3 ~ 'Z~ 1i4 ~ - F It Q: Ef' .~ ~ '' '€ "t i , ~ ~ ~ ~~ c r~, L Q I '~ ~.. rv ~ t' '~` ' ~ ~ 'P i ~ y ~ _. ' ~_ k, ~ _ ,~ a r . ~ ! µ, [ .~" v r Y ~t~ f' 7, C 4 , C Y ~ iii 4f '. ~ h- . ~ ~ 4 ~ ~ rc , ~ J~4 .U ~ k Y V ~j. tlh ' C r '~ ~ ~ ~ l y § ?_ ~t l I Y c1 ri ~ v ~( }{_ • LL' _ ..~ :mot - 3 ~' i3~.: ¢ Y" i ~ , ~~ ~ ~ ti ' ~ ~ ~~5~ -'~-'~ y ter; ice ~: . Rezoning -from: "MU" MIXED USE DISTRICT to "SF~" SINGLE FAMILY & Tlfl« FAMILY DISTRICT Zt~ning Key SOUTH BEND "SF2" SINGLE F,nMILY 8 TWO FAMILYDISTRICT SOUTH BEND "MF1"URBAN CORRIDOR MULTIFAMILYDISTRICT SOUTH BEND "MU"MIXED USE DISTRICT W E S 1 inch equals 129 feet ~~~ ~ G~~~'~~