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Home My Public Portal About108-1993 - REZONING - 224 SOUTH 5TH STREETORDINANCE NO. 108-1993 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 224 SOUTH 5TH STREET WHEREAS the zoning map designates, 224 South 5th Street, Richmond, Indiana, as R-3 One To Eight Family Residence District, and WHEREAS it is desirable to change the zoning designation to C-2 Commercial District, to accommodate its use for a personnel placement office and other business offices, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of the north half of lot number 56 and 10 feet off the south side of lot number 51 in that part of the City of Richmond laid out by John Smith be and is hereby changed to C-2 Commercial District. Passed and adopted this 2day of January, 1994, by the Richmond, Indiana. v ATTEST. ,City Clerk Norma Carnes) of thp City of (Larry Parker ) PRESENTED to the Mayor of the City of Richmond, Indiana, this -�Tday of January, 1994, at 9:00 a.m. ,City Clerk 4&(Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of January, 1994, at 9:05 a.m. ATTEST.O-A)\-Xk,City Clerk (Norma Carnes) Indiana, this day of PETITION TQ REZONE NO. �C'N-/7r' cT. DATE: TO: RICHMOND CITY PLAN COMMISSION STATE OF INDIANA ADDRESS OF PROPERTY: 224 South 5th Street, Richmond, Indiana 47374 LEGAL DESCRIPTION: See "Exhibit A" attached hereto and made a part hereof SIZE X{ - OWNER: Max Duke and Sandra Lin Duke, husband and wife ADDRESS: 221 South I9th Street, Richmond, Indiana 47374 DATE AC SQ. FT. (AC) QUIRED: vctooer cc, 1993 'TELEPHONE NO.962-3600 AGENT- Gayle W. Gardner, Attorney at Law ADDRESS: 304 Peoples Federal Building Richmond, Indiana 47374 TELEPHONE NO.966-6643 ZONE CLASSIFICATION: PRESENT - R-3 REQUESTED - C-2 PROPOSED USE: General business offices REASONSFOR REQUESTED REZONING: See "Exhibit B" attached hereto and made a part hereof We hereby verify that we are the legal owners of the above described property. We hereby depose and say that all the above statements and the statements 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 Chambers. The presence of the petitioner is mandatory at the Max Duke public hearing. Applicant One copy of this petition is to be filedi �1 f with the Director of Planning. San Lin Duke Petitions shall be accompanied by the Applicant necessary plats which will show - building sites. A legal description 221 South 19th Street, Richmond, IN 47374 is also necessary. Address SUBSCRIBED AND SWORN to before me this day of /If(,c n P rl'% , 1993 . A \ �— Notary Public My Commission Expires: Residing in Wayne County, Indiana Ordinance No. 108-I993 Exhibit A The following described real estate situate -in Wayne County, State of Indiana, to -wit: The North half of Lot Number 56 in that part of the City of Richmond laid out by John Smith. ALSO, Ten (10) feet off the South side of Lot Number 51 in that part of the City of Richmond laid out by John Smith. Ordinance No. 108-1993 Exhibit B The present building has been utilized for a period preceding April, 1968, the date of the City of Richmond Zoning Ordinance, as a non -conforming use retail business building. There has been. a residential apartment building on the upstairs as well as a business unit. The non -conforming use ceased to exist when the prior tenant vacated and more than one (1) year has elapsed from the vacation. The building has been modified for commercial use and such use is, in fact, the only economically viable usage at its location. Both the zoning and the actual usage of the neighborhood is that of C-2 community business and such a use would be the highest and best use. Darrell C. Nixon and Sue Nixon, husband and wife, have made a written offer to purchase the real estate subject to rezoning to the C-2 community business zoning modification. It is their intention to utilize the fist floor for their present business undertaking as a personnel placement office; to lease the business unit on the second floor for some type of general business usage; and to rent the residential apartment unit as a residence. The proposed owners are well aware of the City of Richmond zoning requirements in regard to off-street parking and will provide the necessary parking spaces for the utilization for up to two thousand (2,000) square feet of area accessible by the "public", and any and all area in excess of two thousand (2,000) square. feet will be solely for the use of the employees and personnel of the two business units. Both Darrell and Sue Nixon recognize the purpose and enforceability of the City of Richmond off-street parking requirements and intend to operate the proposed use in full compliance and in accordance with those requirements. It is the intention of the purchasers to take a building previously utilized over many years as a retail business, which has lapsed into a state of disrepair, and rejuvenate the building at considerable expense so that the result will be a pleasantly appearing structure as an addition to the "Old Richmond" community. The personnel service presently operated by the proposed purchasers has been so successful that it has outgrown its present facilities and it is hoped that, in the event the requested zoning is approved, that the business will continue to grow and prosper at 224 South Sth Street, Richmond, Indiana. 12-4 —� to 25 wCm2 h z 24 Cn w Ram 2 _ a cauxgic 13420 l24.5 U' c 1245 �* Church to $ 7 z s CO 9 Ns Qas S Wt 1J !29 L Roman Catholic 1n N %man Catrnilc oa ' Church Co �5 Church r245 - 5 1.7 0 f ----- _ �- 7 17 �-5 � r24.5 �+ D o q.a 5 3 31 r 82.5 4 — 9 24 ! row) 6( 23 w 129 Im %re, cc 21 a ~ Church t 34 STREET g rn � I7 .i,a� 15 j rL0 STREET -,,8 u, 129 P A R C CARD I D A B c D E. F El - E III -010 T E N C 0 N T S 179-7-9 jjOG R A D E C FOR 0 % . ........... E M E N T S ------------ 0 F J S U M i R A RffMU no nm I nA'IrVT RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA December 22, 1993 Ms. Etta J. Lundy, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 108-1993 Dear Ms. Lundy: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing, Tuesday, December 21, 1993, on the petition of Max Duke and Sandra Lin Duke, and the Estate of Vada Chestnut, owner; Gayle Gardner, agent; requesting a rezoning from R-3 One -to -Eight Family Residential District to C-2 Commercial District to allow general business offices on property located at 224 South 5th Street. Six notices were sent to surrounding property owners. Three were returned to this office in favor of the request and none were returned opposed. Planning Staff recommended approval of the request because there exists a mix of land uses in this area and the proposed use is in conformance with these uses and anticipated future zoning patterns. The property in question has long been utilized for commercial purposes - even though not zoned for such - and the neighborhood will benefit from the improvements to be undertaken. The Commission voted 10 in favor, none opposed to recommend the passage of Ordinance No. 108-1993. Respectfully submitted, _ Robert Goodwin Executive Secretary R f C2 aL� �'t �t�I Monto ( Aj f t - I aLD ' F�tG�A/�O1U� C2 i t I R3 Or-c1, I C) 8 -RAX I � r �h INO R rH DISPOSITION OF ORDINANCE NO. RESOLUTION NO. — 199— by Common Council Drdinance No.45— Resolution No. Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton DateAio4-- I Sus{. rules Est read / Title only ......................... Seconded ....................... ............... -------- ------ --------- Proof of Publicaton Seconded Move to 2nd read Seconded Engrossment Seconded SusP rules 3rd read Seconded Passage ------- --O R- ----- --------- ------------ ------- ----------------------------- Rejection Date Passed COMMrrrEE ASSIGNMENTS: Committee Date Commttee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: