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Home My WebLink AboutRezoning 906 and 912 E. Dubail~r ~ t r ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana 8969-98 December 14, 19 98 Anent: Attest: ~.__. President of Common Council City Clerk Presented by me to the Mayor of the City of South Bend, Indiana December 15, 19 98 City Clerk Approved and signed by me December 16 , 19 98 Mayor _' - r ORDINANCE N0. $9C~ -Q g AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 906 AND 912 E. DUBAIL, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: . ~ i 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: Lots82 and 810ak Park Second Addition, respective/y from above be and the same is hereby established as "A•1"Residentia/, "A"Height&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, and legal publication. ~~ ~ st READING 9°~~' ~ t} PUBLIC HEARING 1 a- I `f-9 ~ a rd READWG ~ a- I `f - 4 8 NOT APPROVEb REFERRED PASSED 1~~ 1 `-E " g 8 ~~ a-ri`',^". Member of the Common Council OCT 2 8 19~~ CITY CLcii1:, :.:0. ^ wt'.?, !I?. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 906 AND 912 E. DUBAIL, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. Charlotte Pfeifer Chairman - Date filed Application No. Date received by the Area Plan Commission 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: 906 E. Dubail South Bend IN 46613 912 E. Dubail South Bend IN 46613 2) Name and address of property ownerls) of the petition site: Frank and Meri Edith Andert 10982 Lakeshore Drive Osceola Indiana 46561 219.674.9849 3) Name and address of contingent purchaserlsl, if applicable: Peter and Virginia Basile 618 E. Eckman Street South Bend Indiana 46614 219.299.8734 4) It is desired and requested that this property be rezoned from "A"Residential, A Height and Area to "A•1"Residential , A Height and Area 5) This rezoning is requested to allow the following use: To continue using these two units asmulti-unit duplexes as they have been for over 30 years. Building permits are needed to replace the furnace with two new furnaces and to rewire the home to current electrical code. Improvements are desperately needed and the new owners are ready and willing to improve these properties. 6) Attached is a copy of Ia1 legal description of the properties: Ibl 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 Icl addressed, stamped envelopes for all property owners within 300 feet of the petition property. Petition Prepared By and Contact Person: Peter and Virginia Basile, contingent purchasers 618 E. Eckman Street South Bend IN 46614 219• •8 34 Signatures of all Property Owners Fr k Andert d.~7,~ Meri Edith Andert Peter Basi Virgini asile Q C T 2 8 ti898 LO^Ti'~: J. DU~.a . ~ ~ ORDINANCE N0. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 906 AND 912 E. DUBAIL, 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: Lots82 and 810ak Park Second Addition, respective/y from above be and the same is hereby established as A1, A. 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 Commo ncil 1 st READING 9' ~ ~ ~ a PUBLIC HEAR-NG 3 rc! l:E,~.GiNG NOT APPrOVut~ err^^:i+~:~ PASSED =E~~a~ i~~ ~~Ir~~$ ~ ~i~a~.fi SEP 1 f 1~Ja LtlC~r7scJ. f:UD~. Cl'fYCLr~sY, ^~3. ~Nt;U, E?I. Date Filed Date received by the Area Plan Commission Application No. We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinances as herein requested. 1) The property sought to be rezoned is located at: 906 E. Dubail South Bend IN 46613 912 E. Dubail South Bend IN 46613 2) Name and address of property ownerls) of the petition site: Frank and Meri Edith Andert 10982 Lakeshore Drive Osceola Indiana 46561 219-674.9849 3) Name and address of contingent purchaserlsl, if applicable: Peter and Virginia Basile 618 E. Eckman Street South Bend Indiana 46614 219.299.8734 4) It is desired and requested that this property be rezoned from A , A Height and Area to Al , A Height and Area ~~°a~lw E~~ ~~ t SEP 1 6 1~~u I _._--~-- LOae»TiBaJ. Ct11~t"+ 5) This rezoning is requested to allow the following use: To continue using these two units as multi-unit duplexes as they have been for over 30 years. Building permits are needed to replace the furnace with two new furnaces and to rewire the home to current electrical code. Improvements are desperately needed and the new owners are ready and willing to improve these properties. 6) Attached is a copy of la) legal description of the properties: Ibl a list of names and addresses of all property owners within 300 feet of the petition property: and I c) no sight plan because Area Planning informed us that one was not need when going from A to A1. Six copies of a land survey are included if needed: and Id) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe 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 111 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. Petition Prepared By and Contact Person: Peter and Virginia Basile, contingent purchasers 618 E. Eckman Street , Signatures of all Property Owners ~~ ~ s Fr~ / ndert ~ ~~ ~~ South Bend IN 46614 Meri /Edith Andert 219.299.8734 ~~~ v~Q Peter Basile Virginia B s' e Surveyor Location Report Lot 81, Oak Park 2nd Addition 912 E. Dubail Avca, South &~nd, In. L~U BA ~ L~~o,~~~~~ AvLcNL1 F gAG,c OF GuRb J ~J L.S' t-' ~fc' 7. ~. ` ~~ l9.0• I ao pGKCH C ~ ~"~~• N M 2 STY. , H56. t` h /2.a'~ L~.J /7.Y~ _ • lQ ~.9~3' ~ N m m N :~ ~; o: ~: ...FENCE Or OiC nIEA,G ~ GAR ( ~ ~~i~~t~ ~Q ~ ~;~~~'a~~~ ~iY~ SEP 1 ~ 1998 L~+~~S~.l. D°JDm. Cfi Y CL~~~, S'J. S~ts~, ITB. ~ x -,.--. 771E PRIMARY STRUCTURE SIICIWN ON '1'IIIS DRAWING IS NO'P IN A ['L,OOD ' ~ FIAZARD AREA. Note: [iecause of the proximity of the noted improvement(s) to the property ..r'''~=-•.^, line, a Boundary Survey is recommended ~~, ,,, ! ..; r~ L-o determine if it/they may constitute +,'~- •;~~~'''r`'~.'° f;-, +' an encroachment. I ~'.'.t.... ,a•~ '„ This report was prepared with/off! a copy o/ the Title Insurance Policy 1 ~ ~ "~ - r ~'~.~.f ~ ~~ and may be sub%ect to other restrictions contained thereon. This drawing :~ r n :;-. cr R conforms with the Surveyor Location Report minimum requirements as cer- •'~ `' -~ tilted on page two o! this report. Any encroachments are specilically noted ~ ' , "' -- above. This report is of limited accuracy and should not be used (or con- ~ 1 struction or for establishing boundary or lence lines. neplsrered sand surveyor Creekside Mortgage Surveys, Inc. 715 South Michigan Street • South Bend, Indiana 46601 Phone (219) 255-b556 Fax (219) 674-0374 Scale Date Orawn by Drawing no. PAGEIOF2 y~- ~~ Aucusr z6.l998 O.SEv. 2682/ . - ~ Surveyor Location Report ~ ` " ' mot 82, Sr:corrd Plat of Oak Park - 906 E. Dubai! Ave, South &.and, In. OU$A~L (~o.R/~~~ AVENUE d. BACK oP cuR3 ~0 , m) p•9 "~ "~ N pp 23 o ip 0 0.6 n n O.6' z ~ Z sr-r v W p Nuis6 ~9 Y. o '~ (~ 0 . Z.o' ~.a~ ~ ~ ~,g ~ N `z • 9.0' 41 W1 "1 .. N Fe,vc~ oiv oR N2'A~ /~. ..... x-x- ,tO. 111E PRIMI~RY STRUCTURE SIIOWN ON 'f'ills DRAWING IS NdP IN A ['L,OOD IIIIZAI2D AREl1. Note: Clecause of the proximity of the noted improvefnent(s) to the property - " ' line, a L~oundary Survey is recamiended ;"',,.'~~' ~.. F~:,,E ~r;''k to deterniine if it/they may constitute a' ~` ~,•'.~~~''r` r~<<;~_;G~' ~; r.:~,<<, an encroaclynent. ± ~~•' '; This report was prepared with/~ailisft a copy o/ the Title Insurance Policy "' t ~' ~ "~' L l t and may be subject to other restrictions contained !hereon. This drawing ~ ~ ~ ~ . .~ conforms with the Surveyor Location Report minimum requirements as cer- /ilied on page two of this report. Any encroachments are specifically noted ~ ''j ~+ ' above. This report is of limited accuracy and should not be used !or con- ~'~ ~ : . slruction or for establishing boundary or fence lines. nepisrered rand surveyor Creekside Mortgage Surveys, Inc. 715 South Michigan Street • South Bend, Indiana 46601 Phone (219) 255.6556 Fax (219) 674-0374 Scale Date Drawrr by Drawiny no. ' PAGE10F2 y-' = 30' Aucusr z~,r998 ~.sc~. 2~B22 • _.. . . .y.,. .:tl ~1~4ti.5 '+ -. .'r . "liiur• ,'~ _ - r i cam, o aa. , 321 , ~~ i 40 ~ -fx ?. , 40 ` 19 , 4 ~Io .. ~. ~. 706, .~ o~ . 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'Y+~.~. »~yr~l ~.i_~„~::~.1"'. ..w-..~~9st`"•''~' Il,.t~`_«_ _, .,::~ ;:lS~ta 'ys ~\~ i ' 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 November 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 PILL N0. 83 9 ~ RE: A proposed ordinance and site development plan of Frank and Meri Edith Andert to zone from "A" Residential, "A" Height and Area to "A-1" Residential, "A" Height and Area, property located at 906 and 912 E. Dubail Street, City of South Bend - APC #1885-98 Dear Council Members: The above referenced ordinance and site development plan of Frank and Meri Edith Andert was legally advertised November 5, 1998. The Area Plan Commission at its public hearing on November 17, 1998, took the following action: Upon a motion by Randy Matthys, being seconded by Charles Shields and unanimously carried, the proposed ordinance and site development plan of Frank and Meri Edith Andert to zone from "A" Residential, "A" Height and Area to "A-1" Residential, "A" Height and Area, property located at 906 and 912 E. Dubail Street, City of South Bend is sent to the Common Council with a favorable recommendation. 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 erel~;, W / Robert W. Sante RWS:sr Attachment CC: Frank and Meri Edith Andert CC: Peter and Virginia Basile Fil®d in Clerk's 4ffi~~ r~ov ~ ~ issa LORETTA J. O11DA CITY CLERK, SO. BEtJO. It<. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana i r ~ ~ ~ ~ ~ STAFF REPORT November 9, 1998 Frank and Meri Edith Andert 1885-98 Location: 906 and 912 E. Dubail Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height & Area to "A-1" Residential, "A" Height & Area to allow duplexes. EXISTING LAND USE: The property currently contains duplexes. SURROUNDING LAND USE AND ZONING: Located to the north, east, south, and west are single family homes zoned "A" Residential, "A" Height & Area. ACCESS: Access to the site is from Dubail Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is approximately 12,240 square feet. 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: A site plan is not required for rezonings to "A-1" Residential. 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 an unfavorable recommendation. Rezoning of these lots in a predominately single family neighborhood will set a bad precedent for the future of the area. It is the staff's opinion that this neighborhood should remain single family in order to maintain the character of the surrounding area. The City, recognizing some of the negative impacts of higher density development in single family areas, has worked with residents to downzone neighborhoods in other parts of the city. The current proposal is in opposition to the City's general policy of discouraging rental units in older single family neighborhoods. Q Z ~ _ Z ~ ' Z /~\ ° ~ w c~ " c -- Q U u + ~ ~ N m Q ~ J ~ AVE. INDIANA DUBAI L ms w SCHOOL D PETITION cu iN c o°~ F w Q AVE. mm D ° ~° ~ coo a~ scHOO~ ~~~ F- N REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, T0: "A-1" RESIDENTIAL (1 & 2 FAMILY), "A" HEIGHT & AREA PETITION AREA ® ! V SOUTH BEND EXISTING ZONING ` ~ "A" RESIDENTIAL O APC # 1885-98 "B" RESIDENTIAL (MULTI-FAM.) O "C" COMMERCIAL O 0 100 200 400 `t r..d Graphic Scale