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HomeMy Public PortalAbout037-2008 - Rezoning - 2116 E Main StreetORDINANCE NO.37-2008 A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM R-3 ONE - EIGHT FAMILY RESIDENTIAL DISTRICT TO R-3 SPECIAL USE DISTRICT Whereas, the Zoning Map designates certain property commonly known as 2116 East Main Street and legally described as follows, to wit: Lots 53 & 54 W D Foulke 54 Sq Ft SE COR Lot 54 (Drawing attached as Exhibit A) as a R-3 One to Eight Family Residential District; Whereas, it is desirable to change the above described real estate's zoning designation to a R-3 Special Use District in order to allow the owner to use said real estate as a 20 guest scrapbooking retreat and a bed & breakfast. Whereas, the parking area must be developed to accommodate a minimum of 16 cars; Whereas, final parking arrangements must meet the approval of the Richmond Traffic Division, the Department of Public Works and Engineering and the Planning Office; Whereas, an easement agreement must be in place allowing access from 2116 East Main Street to 2110 East Main Street if either of the properties were to be sold; Whereas, a sign no larger than 2'x3' be allowed to be placed in the side yard a distance back from the right-of-way deemed by the Traffic Department to be considered safe for traffic; Whereas, the sign may not be internally illuminated; Whereas, a landscape plan for 2116 East Main which meets the Visual Enhancement guidelines and effectively screens the rear parking area shall be installed within six months of the passage of this ordinance; Whereas, no stock in trade will be maintained on the site and no over-the-counter sales will be transacted; Whereas, a valid license from the health department must be in place; Whereas, any change of business plan that alters the nature of the business, particularly in regard to customer traffic, would require an amendment to the rezoning ordinance; Whereas, the project will need to be filed with the State of Indiana and would require a local Certificate of Occupancy because it is a change of occupancy classification; Whereas, per IC 36-7-4-921 a commitment is binding on: 1. the owner of the parcel; 2. a subsequent owner of the parcel; and 3. a person who acquires an interest in the parcel; and Whereas, in the event that any of the aforementioned restrictions or requirements of the Richmond City are not met in full, the Special Use Rezoning is at that moment in violation of the Richmond City Code. NOW THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation for the above described property is changed to a R-3, Special Use District. Passed and Adopted this 16th day of June, 2008, by the Common Council of the City of Richmond, Indiana. _S/S Larry Parker President (Larry Parker) Attest:_S/S Karen Chasteen City Clerk (Karen Chasteen) Presented to the Mayor of the City of Richmond, Indiana, this 17th day of June, 2008 at 9:00 A.M.. _S/S Karen Chasteen City Clerk (Karen Chasteen) Approved by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 17th day of June, 2008 at 9:05 A.M. _S/S Sarah L. Hutton Mayor (Sarah L. Hutton) Attest:_S/S Karen Chasteen City Clerk (Karen Chasteen)