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r <br /> c- <br /> AREA BOARD OF ZONING APPEALS <br /> 125 S.Lafayette Blvd. Suite 100, South Bend,Indiana 46601 <br /> 574-235-9554 • (Fax)574-235-5541 <br /> building @southbendin.gov <br /> www.soutbendin.gov <br /> PETITIONER: <br /> Robert Burg <br /> 1502 W. Dunham <br /> South Bend, IN 46619 Filed in Clerk'S Office <br /> PRESENTER: JUN 21 201 <br /> James A. Masters, Attorney at Law <br /> Nemeth, Feeney,Masters & Campiti, P.C. KAREEMAH FOWLER <br /> 350 Columbia Street CITY CLERK,SOUTH BEND,IN <br /> South Bend, IN 46601 <br /> Telephone: 574/234-0121 <br /> e-mail:Lmastes@nfmlaw.com <br /> PROPERTY INFORMATION: <br /> Zoning: Commercial/MU Mixed Use <br /> Address: 1502 W. Dunham, South Bend,IN 46619 <br /> Township: Portage <br /> Legal Description: A lot or parcel of land twenty-six feet in width, east and west,taken off of <br /> and from the entire side of Lot Numbered Thirty-six (3 6) as shown on the <br /> recorded plat of Arnold,Hine and Wilson's Subdivision of a part of Bank <br /> Out Lots 100, 101, and 102 of the Second Plat of Out Lots to the Town, <br /> now City of South Bend,platted by State Bank of Indiana,recorded in the <br /> office of the Recorder of St. Joseph County, Indiana. <br /> SPECIAL EXCEPTION & VARIANCE(S): <br /> Seeking: <br /> • Special Exception to operate a tavern in a MU Mixed Use District. <br /> •Variance for a front yard fence 7 feet in height from the required 3 foot maximum height. <br /> A Variance to zero (0) on-site parking from the required off-street 18 off-street parking <br /> spaces (occupancy limit of 55/3) and to allow use of the adjacent parking lot for off-street <br /> parking. <br /> REASONS FOR REQUESTS: <br /> The property had been used as a bar/tavern known as the "Dunham Inn" in a"C" Commercial <br /> District for decades prior to the zoning change effective May 7, 2004 to MU Mixed Use. The <br /> zoning change made the property a legal non-conforming use as a bar/tavern. Granting the <br /> Special Exception and variances will bring the property into compliance with the MU Mixed Use <br />