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HomeMy Public PortalAbout005-1982 - Zoning - Special Use - 327 S. 4thSPECIAL ORDINANCE NO. 5-1982 AN ORDINANCE AUTHORIZING A SPECIAL USE IN A R-3 ONE -TO -EIGHT FAMILY RESIDENTIAL DISTRICT FOR AN ANTIQUE, CHINA AND GLASSWARE STORE ON PROPERTY LOCATED AT 327 SOUTH 4TH STREET PURSUANT TO ARTICLES 48 AND 22.013 of CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, CUMNLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICH40ND, INDIANA. WHEREAS, Article 22.013 of Chapter 154 of the Municipal Code allows an antique, china and glassware store by Special Use authorization as provided in Article 48 of said Chapter; and, WHEREAS, a notice was given and a public hearing on this Ordinance was conducted by the Richmond City Plan Commission the 2nd day of February 1982 at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was six (6) to zero (0) in favor of recommending the passage of Ordinance No. 5-1982. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Rich- mond, Indiana as follows: SECTION 1. As provided in Ar-icles 22.013 and 48 of Chapter 154 of the Municipal Code, the following described use of the following described real estate is allowed as a Special Use for an antique, china and glassware store at 327 South 4th Street in the City of Richmond, Indiana; more particular described to wit: Being a part of Lot Number 79 in the John Smith's Addition to the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point on the west line of said Lot Number 79 (witness a notch cut in the back of the sidewalk) and also being the east line of South Fourth Street in the City of Richmond, Indiana said point being 40.50 feet north of the southwest corner of said Lot Number 79, and running thence, from said beginning point, continuing north, along the west line of said Lot and the east line of said Street, 26.70 feet (witness a notch cut in the back of the sidewalk); thence east, parallel to the south line of said Lot Number 79, 125.10 feet to the west line of a 14.00 foot wide alley and being the east line of said Lot (witness a notch cut) thence south, along the west line of said alley and the east line of said Lot, 26.70 feet (witness a notch cut); thence west, parallel to the south line of said Lot, 125.10 feet to the place of beginning. SECTION 2. As a condition of the aforesaid Special Use being granted, the following requirements shall hereafter and at all times be met by the owner: a. The Special Use Authorization shall be considered null and void should the Special Use cease for a period of one (1) year or more. b. The site plan accompanying the petition, including the narrative describing the range of goods and services to be offered by the Special Use, shall be marked "Exhibit A' and the letter of intent re- garding signage shall be marked "Exhibit B" and both exhibits shall be made a part of the Ordinance authorizing the Special Use. ORDINANCE NO. 5-1982 Page T;m SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this 1 4 th day of .c 1982. President of Common Council ATTEST: City -Clerk PRESENTED by me to theyor of the City of Riclywnd, Indiana this /'7 «! day of 1982. . APPROVED by me, Clifford J. Dickman Mayor of the City of Richmond, Indiana this ; ? day of �� _�1982. ATTEST: My Clerk EXHIBIT "A' ORDINLNCR NO. 5-1982 l\ o0 ��, I L�=n (j) (1)W ELLI NG� n K K 1 N G- �O �r2oNT ST. S/fmOLE c� �; 44A'IV v V) i O L� (VAGhN T) � p SOU TN D STREET NoTEr -rRE SHAO-Co ARil] /5 Off TN15 , k- 5-57- File No. PC - 1-.2 Scale: Petitioner: SCCTT ¢ S7EVc PD,eTE, Request: i = 20' $PECII+d GISE DW By:Ts)b9 Location: 3� 7 SOUTFf Z12 H S'T, Ck . . i,+ iK Ye-,; Pot -(se -(-o Sec i Spy+ -Z2. 0/3 - � p (esr5e Lae -eWv,'s&w rav+9e -"E goods a—Q be py-e v: dece are as -Fa �e servrces Sfia 11 Ccn.5i -;+ o'% reiait knerc(�aua�ts r J 4o r 4-G,e ge,ea-.P pa (a lic , — n e- 9oRd5 4-6 sae ?rav;e%e/ eotc5S5^I' 0'F Cr- home 'isr `{ ,e lei fc�ev�� bve/v"n,;fJ2ul�Aroviv+ revroa°tc� F�tics b`F iYLti-rtVe C of f ! feLu$ U1 Q'LpfN^6p (!SE C%o�rS� NaP�Ctus� C%•F�;r,�� �cccf /I�rSc�l/aa�©us /�a�rs ac�CariS, ORDINANCE NO. 5-1982 RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN LAW OFFICES TWO NORTH EIGHTH STREET RICI-IMOND, INDIANA 47374 WILL W. RELLER PAUL S. MENDENHALL RICHARD B. KLEINKNECHT WILLIAM H. RELLER January 25, 1982 GEORGE R. RELLER THOMAS S. MILLIGAN DARRELL M. BEANE RONALD L. CROSS Mr. Dan Dooley Department of Planning Municipal Building Municipal Building Richmond, IN. 47374 Re: PC-82-2 Dear Dan: AREA CODE 317 962-1541 This letter is to confirm in writing for purposes of the record, our agreement on behalf of the petitioners that "a fascia sign with in- direct lighting only, not exceeding six square feet" in compliance with Section 22.0135 of the amended zoning ordinance will be used in the con- duct of the Front Street Sampler business at 327 South 4th Street. This understanding supersedes my letter of January 20, 1982. The small, hanging sign described in that letter will be removed by the peti- tioner. Sincerely yours, RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN TSM:ds cc: Mrs. J. Scott Porter 235 South 4th Street Richmond, Indiana 47374 Mr. J. Steven Porter 2823 Brentwood Court Richmond, Indiana 47374 CITY PLAN COMMISSION RICHMOND, INDIANA i,45P. February 11, 1982 Mr. Kenneth Mills, President Members of Common Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 5-1982 Plan Cormiission Case PC-82-2 Dear Mr. Mills, Members of Common Council & Mrs. Trimble: The RicbmDnd City Plan Commission conducted a public hearing on Tuesday, February 2, 1982, on the petition of J. Scott Porter and J. Steven Porter, owners; Thomas S. Milligan, Agent, re- questing Special Use authorization for an antique, china and glassware store at 327 South 4th Street, located in a R-3 Zon- ing District. Ten (10) notices of public hearing were sent to adjoining prop- erty owners with one (1) returned in favor of the request. During the public hearing, no one spoke in opposition to the request. The Plan Commission determined the petition fulfills the require- ments of Article 48 and 22.013 of the Zoning Ordinance. Therefore, the Plan Commission voted six (6) to zero (0) to recommend that Ordinance No. 5-1982 be adopted. Respectfully submitted, CITY PLAN CC MISSION Robert B. Goodwin Executive Secretary /vl