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Home My WebLink About4647-17 Approving a petition of the Area Board of Zoning Appeal for property at 1502 W. Dunham RESOLUTION No. 4647-17 Passed by the Common Council of the City of South Bend, Indiana July 24, 20 17 Attest: --}— City Clerk Attest- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 25,_ 20 17 . - City Clerk Approved and signed by me � �� 20-L' Mew RESOLUTION NO. 4tv A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502 W. DUNHAM, SOUTH BEND,INDIANA 46619 WHEREAS, Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its, intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1502 W. Dunham, South Bend, Indiana 46619 in order to permit: • Special Exception to operate a tavern in a MU Mixed Use District. •Variance for a front yard fence 7 feet in height from the required 3 foot maximum height. • Variance to zero (0) on-site parking from the required off-street 18 off-street parking spaces (occupancy limit of 55/3) and to allow use of the adjacent parking lot for off-street parking. SECTION II.Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: For the Special Exception: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; „ r 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan. For the Variances: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner: 3. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Filed in Clerk's Office JUN 13 2017 PRESENTED r]/'ZLf I I KAREEMAN FOWLER NOT AAPROYM CITY CLERK,SOUTH BEND,IN ADOPTER Filed in Clerk's Office JUL 312011 KAREEf��3�H FOWLER CITY CLERK, COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE AND VARIANCES In accordance with I.C.36-7.4-1015 and South Bend Municipal Code§21-09.03(d), Robert Burg,Owner of the real estate located in the City of South Bend,Indiana which is described herein-below,makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: Address: 1502 W.Dunham,South Bend,IN 46619 Legal Description: A lot or parcel of land twenty-six'feet in width,east and west,taken off of and from the entire side of Lot Numbered Thirty-six(36)as shown on the recorded plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100, 101,and 102 of the Second Plat of Out Lots to the Town,now City of South Bend,platted by State Bank of Indiana,recorded in the Office of the Recorder of St.Joseph County,Indiana. STATEMENT OF COMMITMENTS: 1. No music or amplified sound will be played or broadcast on,to,or from the outside deck or outside of the building premises This includes,but is not limited to,music played or amplified sound broadcast from within the building premises with the intent to be heard outside of the building premises. 2. There will be no use of the outside deck after 11:00 p.m.on any day. 3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at 1502 W.Dunham Street to use the parking lot described as follows for parking: Lot Numbered Eleven(11)as shown on the plat of J.B.Arnold's Subdivision of part of Bank Out Lots 100 and 101 of the Second Plat of Out Lots to the Town, now City of South Bend,platted by State Bank of Indiana,recorded in the Office of the Recorder of St.Joseph County,Indiana in Plat Book 3,page 10. These COMMITMENTS shall run with the land,be binding on the Owner of the above-described real estate,subsequent owners of the above-described real estate and other persons acquiring an interest therein.These COMMITMENTS may be modified or terminated by a decision of the Area Board of Zoning Appeals of St.Joseph County made at a public hearing after proper notice has been given. The COMMITMENTS contained in this instrument shall be effective upon the approval by the Area Board of Zoning Appeals and Resolution No. 17-37 by the South Bend Common Council and shall continue in effect until:(i)the real estate is rezoned;or,(ii)modified or terminated by the Area Board of Zoning Appeals of St.Joseph County. These COMMITMENTS may be enforced jointly or severally by; 1.The Area Board of Zoning Appeals of St.Joseph County; 2.The City of South Bend,Indiana; 3.Owners of all parcels of ground adjoining the real estate within three-hundred(300)feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval. The undersigned hereby authorizes his attorney to record this Commitment in the Office of the Recorder of St.Joseph County,Indiana,upon final approval of the Special Exception and Variance Petition by the Area Board of Zoning Appeals and Resolution No. 17-37 by the South Bend Common Council. IN WITNESS WHEREOF,Owner has executed this instrument this day of Julyo_?,2017. Signature — Printed obert Burg STATE OF ) )SS: COUNTY OF ) Before me,a Notary Public in and for said County and State,personally appeared Robert Burg, Owner of the real estate described above,who acknowledged the execution of the foregoing instrument and who,having been duly sworn,stated that any representations therein contained are true. Witness my hand and Notarial Seal this July,'"Q;2017. Signature , Printed V iJ a County of Residence Commission and Seal: SUSAN L.KEATING St.Joseph County .y.., . :s My Commission Expires `•Td ` September 17,2017 This instrument prepared by James A.Masters,(#9074-71)NEMETH,FEENEY,MASTERS&CAMPITI,P.C., 350 Columbia Street,South Bend,Indiana,46601,Telephone(574)234-0121. 1 affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,unless required by law./s/James A.Masters