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Home My Public Portal About069-1994 - REZONING - 1227 AND 1229 NORTH E STREETORDINANCE NO. 69-1994 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 1227 AND 1229 NORTH E STREET WHEREAS the zoning map designates 1227 and 1229 North E Street, Richmond, Indiana, as C-2 Commercial District, and WHEREAS it is desirable to change the zoning designation to C-4 General Business District to accomodate its continued use as a used car lot, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of the real estate at 1227 and 1229 North E Street, being Auditor's Map number 46-33-310-401.000-29 be and is hereby changed to G-4 General Business District.. Passed and adopted this 3rd day of October, 1994, by the Common Council of the City of Richmond, Indiana. m. 0— �-� ATTES Lk-k--O— ,City Clerk orma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 4th day of October, 1994, at 9:00 a.m. ,City Clerk (Norma: Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richin October, 1994, at 9:05 a.m. �pger u ATT`ES �� ,City Clerk (Norma Carnes) this 4th day of PETITION TO REZONE NO. TO: RICHMOND CITY PLAN COMMISSION• STATE OF INDIANA DATE: 8/31/94 ADDRESS OF PROPERTY: 1227 and 1229 North E Street, Richmond, Indiana LEGAL DESCRIPTION fee attached description SIZE X S0. Fr. (AC) OWNER: Donald R. Burke and Nita F. Burke, husband and wife ADDRESS: 9236 State Road 227, Fountain City, IN 47341 p.A1 E........ ACQUIRED: October 25, 1974 TELEPHONE NO.347-2700 (home) AGENT: Robert J. Delaney, Attorney 48 S . 7th Street _ -- —.--- ADDRESS: Richmond IN 47374 TELEPHONE NO. 317-966-1558 ZONE CLASSIFICATION: PROPOSED USE: PRESENT C-2 REQUESTED C-4 REASONS FOR Properties have been primarily used for used car lot REQUESTED for twenty-f ive years although occasions otner Ousiness REZONING uses. Wish to continue used car businesses on these properties. i hereby verify that 1 am the legal owner of the above described property. I hereby depose and say that all the above statements and th contained in all the exhibits transmitted herewith are true. Plan Commission meets on the fourth Tuesday / of each month at 7:30 P.M. in the City Council Applicant Chambers. The presence of the petitioner is mandatory at the public hearing. Four copies of this petition are to be filed with the Director of Planning. Petitions shall be accompanied by the necessary plats which will show building site and structures. A legal description is also necessary. 9236 State Road 227 Fountain City, IN 47341 Address Subscribed and sworn before me this lstday of Auaust 19 94 otary Public My commission expires a -Z v �a.,et "�'sfes DATE OF ACTION APPROVED DENIED DEFERRED LEGAL DESCRIPTION A part of Block B in that part of the City of Richmond, laid out by Elizabeth Starr and described as follows: Beginning at the northeast corner of said Block B, and running thence south along North 13th Street a distance of Eighty-five (85) feet; thence West parallel with North E Street a distance of One Hundred Sixty-five (165) feet to an alley; thence north along the said alley a distance of eighty-five (85) feet to North E Street; thence east along the south side of North E Street a distance of One Hundred Sixty-five (165) feet to the place of beginning. ALSO, a part of Block B in Elizabeth Starr's Addition to the City of Richmond, Wayne County, State of Indiana, described as follows, to -wit: Beginning at the Northeast corner of said Block ..North...:__E.- Street- ......_...._.... and the West line of North 13 Street and running thence South, along the west line of North 13 Street, Eighty-five (85) feet; thence west parallel with the south line of North E Street Fifty-three (53) feet; thence north, parallel with the west line of North 13 Street, Eighty-five (85) feet to the South line of North E Street; thence east along the south line of North E Street Fifty-three (53) feet to the place of beginning. (commonly known as 1227 and 1229 North E Street, Richmond, Indiana 47374) ►' %�, 7186 NOV 6 1914 ' J75 pa i F �i verb T1413 Nper'Ct'Rr: wn-Nf;,%f:1H. That Jack W. Wright and Rita WrIgMt, husband and rife C'ount), in thr 1oiLr ,j4 Indiana Donald R. Rorke and Aits F. Rorke, husband and yf l�1ey and Warrant to � of �i^r _ t Ounty, in tn* 7kate of Indiana , for &aid in Sunt Of On* Dollar (S1.00) and other valuable consideration Oune4Mrxt[lon of the „•„•,.,. m%&Ips whereof is hereby zekn wledstd, the foilOwLAI deecribed Rem] t:atat* to i(ayre County, in the State of bld:ana, to -wit; A Part of aloCx a in that Part Of Cho .iV of Laid out by Elizabeth Ricnennd, f Starr anti dncrib*d as follows: I Beginning it i'W northeast Corner of said Block 8, and o ru Eighty-five i86 " feet; thenca West parallewith North l E Street a distance of One iitndred Si1ty-fire (166) feet to an al ., hence__nor_.th--a.lnnq.-t►+e--srtd al ldj a di'stancf__._.-.-_. _.-.-. o !Rte1ghLY-flue (W feet to North E Street: thence Mat along the south side of North E street a distance of pet* hundred dirty -fire (lay) fee: Alto the elect of beginning. m. .Part of Block a in to Star-r's Addition to the City of RiChaaond, Wayne County, State of Indiana, 3*scrib*d as follo.rt, to -wit: 11*91nning at the Northeast Corner of said Mock 8, which is the intersection of the South line of North E Sttwt and the West lino of North 13 Stre*t and running thence South, along the west line of North 13 Street, Eignty-fire (85) feet; thence rest Parallel with the south line of North E Street Fifty- three (53) feet: thertea north, Parallel with the most 11n* of North 13 Street, Eignty-fir, (85) feet to the South lino of Aorth E Str'„t.. thence east along the south line Of North E Street Fifty-three (53) feet to the place of beginning, SUBJECT to the 1974 taxes, iue and Payable 1975, and l all SUbsequent tales. i + IN uITlESS WjjE:REOF, 'Ibe xuti Jacr w. Wright and Rita Wright, 11USWnd and wife i. t their bead s rrr,i maj S thu day of October AL' / (SealI �^ ii ' 41 t (S44L)t Rita right y- .[ 7 -r• -- - -- — -- t Ss&E • prrpa,td by John M. Sayre Ill «! ) Attorney at lax. STATE OF I`p ANA- Wayne Cautq, n: lleiore mr- the unflerstgried, a Notary PubLe to and for said Caquity and Star&• r<ttl:rn named Jack W. yrh nt and Rita Wright husband and wife Deraooagr aypenee,d nhrp xknnrit,1gefi the rxervtfon u( the roregotnit !Vr"d In be their vobmtwy' MCI mW d6od.f WdrVesa, mY hand and Leal this • da.' of October le ]� Y cvrurusumn exptrex _ __�� l9 . e rp- i 1yr7 heir Dated and ac �OY """ `"" Recorded Nov f 6,e1g' r 7.4 Deed Rec '.1. h-• uy: Cyr YtY�• I4 ZZ.er y. ' , •:-lei :• ��t�-�#.+y' lkk T= k;C �L 1p t5 RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA September 30, 1994 Mr. Larry Parker, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 69-1994 _. __.�.. _ ._ ._.._._..� .Dear--M-r--.-Parker. �...... .. ...._�..._ .....� _ _ ...__.....� _��..._ � ..............�.___. Please advise the members of Common Council that the. Richmond Advisory Plan Commission conducted a public hearing, Tuesday, September 27, 1994, on the petition of Donald R. Burke and Nita F. Burke, owners, Robert J. Delaney, agent; requesting a rezoning from C-2 Commercial District to C-4 General Business District on the property located at 1227 and 1229 North 'E' Street, Richmond, Indiana Notices were delivered to five surrounding property owners, two comments, both favorable, were returned to this office. Planning Staff recommended approval of the request. Our Comprehensive Plan Map shows this area to be General Commercial, and in fact, much of the area is presently zoned for commercial activity. This request to rezone the parcel is a logical extension of both the present zoning classifications and future land use guidelines. The Commission voted 8 in favor, none opposed to recommend the passage of Ordinance No. 69-1994. Respectfully submitted, RGobrt oodwin Executive Secretary CITY OF RICHMOND of RfCti 0 w y �HDIA�P September 2,1994 Common Council Richmond, IN 47374 DEPARTMENT OF ADMINISTRATION 50 North Fifth Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317)962-7024 ROGER CORNETT Mayor Janet Hibner Director _..._... ... ....... .... __ . O........:....... _.... _..._ .. RE� Tdinaiice lVo: 69=1994 ....�... ._.. �. __ . Dear Council Member: This ordinance is a re -zoning of property located at 1227 and 1229 North E Street which has been used for the past twenty-five years for various businesses including the selling of used cars. The property is owned by Donald R. Burke and Nita F. Burke, husband and wife, who propose to continue its use as a used car lot. The current zoning is C-2 Commerical District. The owners are requesting a change to C-4 General Business District. The ordinance should be referred to Plan Commission for public hearing at its meeting on September 27, 1994. The ordinance should be back to Council for second reading on October 3,1994. Sincerely yours, m.. Thomas S. Milligan City Attorney Enclosure TSM/ags PETITION TO REZONE NO. 69-1994 TO: RICHMOND CITY PLAN COMMISSION - STATE OF INDIANA DATE- 8/31/94 ADDRESS OF PROPERTY: 1227 and 1229 North E Street, Richmond, Indiana LEGAL DESCRIPTION See attached -description SIZE X SO.Fr. (AC) OWNER: Donald R. Burke and Nita F. Burke, husband and wife ADDRESS: 9236 State Road 227, Fountain City, IN 47341 D.ATE,.. ... _ ._ __.._.._....._. ACQUIRED: October 25, 1974 TELEPHONE NO. $47-2700 (home) AGENT: Robert J. Delaney, Attorney 48 S. 7th Street ADDRESS: Richmond, IN 47374 TELEPHONE NO. 317-966-1558 ZONE CLASSIFICATION: PRESENT C-2 REQUESTED C-4 PROPOSED USE: REASONS FOR Properties have been primarily used for used car lot REQUESTED for twenty -live years a t ougn occasionai otner business REZONING uses. Wish to continue used car businesses on these properties. i hereby verify that I am the legal owner of the above described property. I hereby depose and say that all the above statements and th contained in all the exhibits transmitted herewith are true. Plan Commission meets on the fourth Tuesday of each month at 7:30 P.M. in the City Council Applicant Chambers. The presence of the petitioner is mandatory at the public hearing. Four copies of this petition are to be filed with the Director of Planning. Petitions shall be accompanied by the necessary plats which will show building site and structures. A legal description is also necessary. 9236 State Road 227 Fountain City, IN 47341 Address Subscribed and sworn before me this stday of Auaust 19 94 r otary Public My commission expires _ -Z C j-'a"et 6,5kS 4,1� / 7' DATE OF ACTION APPROVED DENIED DEFERRED LEGAL DESCRIPTION A part of Block B in that part of the City of Richmond, laid out by Elizabeth Starr and described as follows: Beginning at the northeast corner of said Block B, and running thence south along North 13th Street a distance of Eighty-five (85) feet; thence West parallel with North E Street a distance of One Hundred Sixty-five (165) feet to an alley; thence north along the said alley a distance of eighty-five (85) feet to North E Street; thence east along the south side of North E Street a distance of One Hundred Sixty-five (165) feet to the place of beginning. ALSO, a part of Block B in Elizabeth Starr's Addition to the City of Richmond, Wayne County, State of Indiana, described as follows, to -wit: Beginning at the Northeast corner of said Block B, which is the intersection of the South line of North E Street d ---- t ._e "West line bf" "North 13T Street and running thence South', along the west line of North 13 Street, Eighty-five (85) feet; thence west parallel with the south line of North E Street Fifty-three (53) feet; thence north, parallel with the west line of North 13 Street, Eighty-five (85) feet to the South line of North E Street; thence east along the south line of North E Street Fifty-three (53) feet to the place of beginning. (commonly known as 1227 and 1229 North E Street, Richmond, Indiana 47374) �1 r.' eat 375 PaM THIN17E`TL'Ar: wCt'ai:sgf;TH, Tsai Jack W. Wright grid Rtts Wright. . husband and wife r way" Count). to the vtate .4 Indiana Conald R- !fume and Nita F. 6urlte. CutweY and Warrant to Mutsband and wife ' ' iounty. la the Neat. of 1ndlatta for and la { "tm of � Collar (51.00) and atl►er ralwble cawetderaaton of the r Consideration, ........_ reretPt wnrreof Is herrhy aclm..r lvdgr.l. tlr. (o, for LAZ Canner, In tar state of hb&.&ta, to—rlt: d•�ribad R+a! l atatte Payne A part of SIOCa S In that par[ of the miry of diChrpnd, !� T lard out by Ellzabeth Starr and oescrlbed as follows. 8*41""I"9 at Qw northeast corner or $aki Eiock S. and s r'"I ng en thca south along .north 13th Street a distance at Elov-five (861 fart: thenca Yost parallel with MorN E Street a distance of line atndred i1x 1! ' to an a1161 thence norLh,:.a.l... iy'fire (16i} feet s . _ .._ _ �P .._ ...... 9f...'1.. t..._ rrng_..tfte.._sa td a.1.1 ey. a..._distancap...._.... ;.:., . • idF ¢h Y fivi -[dS) feet to North E Street. them, Mst __...___.._. along the south side of North E street a distance of one HunSixty- re (T65} fee: Lo the place of Hundred Six fi 4 A1.50, a twtlnq, A Part of Sloct S to Elizabeth Starr-s Additiow i* E co th. Ctt;y Of Rlct�ttd. Yay.k County. State of lndiawa. ae:crftsad as follows. to -wet: Beglrni(tg at the No 1 corner of said Block a. which is the Intersectionroofethe �' k M1 South line of North E Street and the hest IIna of Morth it i3 Street and running theme South, along the west I1na t ,�• of North I3 Street. Eignty-fire (SS feet; t PI with the south line of North E StrpeFifty '. link o(53) f"l3 Street, north, Parallel with the West ' ►j (fi South fine of north E Street. t Co tther*r� - _ •'�; South line at ►brthence east along the ' E Street F1iLy_three (53) feet to the Place of beginning. ing, SLSJECT to the 1974 taxes, iue and payable 1975, and All Subsequent taxes_ %� ° •. y./yam y' IN'A'1'ntE= WHEREOF. Tbw uW Jac. •. kright and Wits Wright. husD,tnd and wife s It the r tsand S ILI Deal S 1 ti'ta day of October 4if C _ (seal) / (Swell vita right [Seal t Pr*Par*d by John )+. Sayre 111, Attorney at Law. ; ST.L7'E UP ta'UfAY.� Vayne �• �� '••- Efe(ore me, the undersigned, a \atary Pubt,c us and for wttLtn iarn[�! JiCi 'a. 'ir[rt seed C.ttnt} and Sta4. penoaaQr sDpaerwd t>we -' t and Qua :right, hysbsnd and wife ~1t 1 • ahu arkn..r lydRhl The ex.'ruuun a the foreping !%red to be LnlEr '•� , witneta, (nr hand and Sent thu "NMI act awd Bawd- �� d October 10 74• My cernnussion exptrea ��e r_ Dated and ac o� 4 ej Recorded Nov 6, 197.4' ,t ,Deed Rec p. g.12 e r..., 1y HISTORY OF USEAGE OF 1227 NORTH E STREET SINCE 1974 TO PRESENT OWNERS: DONALD AND NITA BURKE SINCE OCTOBER 25, 1974 TO PRESENT YEAR USEAGE GENERALLY: 1974 thru 1994 USED CAR SALES SPECIFICALLY a. 1974-1979 GUARANTEE AUTO SALES PROPRIETOR: OMER BURKE b. 1979-1989 WHITETS USED CARS c. 1990-(5 months) IMPORT EXPORT MOTORS & SHALASH BROTHERS AUTOS d. Late 1990 to present "E" STREET MOTORS _ PROPRIETOR: DEBORAH BALDWIN to 1993; JAMES KELLEY SINCE HISTORY OF USEAGE OF 1229 NORTH E STREET SINCE 1974 TO PRESENT OWNERS: DONALD AND NITA BURKE SINCE OCTOBER 25, 1974 TO PRESENT USEAGE GENERALLY 1974 thru 1993 USED CAR SALES APRIL 1994 to JULY 1994 WAYNE COUNTY FURNITURE SPECIFICALLY ........ .. --..� a. 1974-1979.._. GUARANTEE U _.._ PROPRIETOR: OMER BURKE b. 1979--1991 SAM'S USED CARS PROPRIETOR: SAM PENNINGTON c. 1991-4/l/93 WHITE'S USED CARS d. 4/1/93 to 4/1/94 AGENCY AUTO SALES PROPRIETOR: RON MILLER e. 4/1/94 to 7/1/94 D&J FURNISHINGS d/b/a WAYNE COUNTY FURNITURE f. PENDING REZONING PARDO'S AUTO SALES PROPRIETOR: DON PARDO E Street Motors 1227 North E Street Richmond, IN 47374 Mr. Donald Burke 1500 Sheridan Street Richmond, IN 47374 September 12, 1994 Re: Summary of my dealership activities at this address. As you will recall this property was rented and a dealership established by Deborah Baldwin in late 1990. This immediately followed the closure of Import - Export Motors and Shalash Brothers Autos who had maintained separate dealerships on the property. I worked for Ms. Baldwin until her operation ceased, then opened in my name, continuing at present. James P. Kelly, Owner E Street Motors F,q 4-f-2 (11/903 -_*.5t C. MO -�.Lrj i-merween :.,A,ne F. I I na j ea4s reemenr.,,�_ z -,ZZU N 44 ge ,4, ee)'L��'and' Donald or (Owner)'7i s f L e a R. Burke k e the- period beg 1 993 -riod of 12 months beginning and ending ..ADril. 199-4. The 'Leasee agrees to pay'$350.00: per month --beginning Apr'JfL, 1 a n d every' month 'thereafter .,.,,. -,AlL-im prove Q I Ron! ments and are Z ^4"��'_�o.'be._-'perf performed b Y'. All, I - M-11 by "teasee T, 1 0. paid he '�.Taxes'and':-Insuri�.hce ill e --''. $35,000.00 '}sat"1229 North E.,% St',Richmond,'. IN for theamount of .. . ........ . ....... . . .... ...... . f and -on _$3500-00,� -Contract with down payment in the amount o. interest at �1�. 5 Payments are to be-,$500.00 per month with the �;;� balance f to b months from date of purchase o . e paid '04. -for -all.,�:-Taxes,'-,andi',I :TheBuyer:_wik];.be responsible n.surance- property..,.,.-- R 4�- --w -responsible for a f 't e r 7. the purchasiThe buyer-"ili be alr'.enviro�nm s p problems -- ` - purchase LEASEE: OWNER :Before me the undersigne 'a dt"Notary Puiiin,and f a r s a -� Wri L .' - County and State, -" '.this day of 1993 ,personally ...appeared Donald R. Burke' , : , an as Owner, d as acknowledged. the execution "of -k-,Xhe foregoing'in.strumen as their voluntary ..-actjind deed,.for.the..uses -and " purposes. therein '.Ij set foryea _ -th --t1-10.e0"`, T � i I' WITNESS se I my hand and notarial se YY) Z 0 a r yy u is A resident -of Wayne:County, "..'Indiana ;' My commission Expires: --77 K. �7 TOPIC: Rezoning from C-2 to C-4 of property of Donald R. Burke and Nita F. Burke at 1227 and 1229 North E Street, Richmond, Indiana. We, the area residents and landowners near Donald R. Burke and Nita F. Burke, do approve and consent to the rezoning of their properties from C-2 to C-4: Owner, Contract Name Address Buyer or Rentor 2. /Ia ��' r AVE- I% -IZ F r �I�3.S , A- L ol/ Is- 5. 14 Cile 6. �(), I'LL 2 4Z-?� 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DISPOSITION OF ORDINANCE NO. Z -19 -4 RESOLUTION NO. -19C44 by Common Council Drdinance No. � Resolution No. � Elstro Lundy Brookbank Donat McBri a Parke Allen Dickmar Hutton Date ll! Sus}. rules Ist read Title only ------------------------- Seeconded ------ -------- --------- ----- ---- --- ----- --------- Proof of Publicaton ------------------------- Seconded ------ -------- ----------------- ------ ------ ------ ---------- Move to 2nd read ------------------------- Seconded ------ -------- ---------- ------ ------ ------ ------ -- ------- Engrossment ------------------------- Seconded ------ -------- r% ---------- ------ ------ ------ ------ ---------- Susp rules 3rd read ------------------------- Seconded ------ -------- ---------- ------ ------ ------ ------ ---------- Passage V ✓ +� v �✓ ------- --O R- ------ --------- --------- ------ ------ ---------------------------- Rejection Date Passed__ COMMITTEE ASSIGNMENTS: CL Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: