Special Exception - 1939 Charles St.- Passed 04-12-10

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1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 24, 2010 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, March 3, 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Special (Exception) Use: A special use may only be granted upon rnaking a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (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 (St. Joseph County and City of South Bend) Comprehensive Plan. 6. The petition of Gaylor G. Candler Sr. and Hilltop Farms The staff recommends the petition be sent to the Town of Osceola Town Council with a favorable recommendation. This stand has received approvals to operate at this location for a number of years and has, to the best of the staff's knowledge, operated without negative impacts. 7. The petition of FTC Properties, LLC. The staff recommends that the Special Use be sent to the Common Council with a- favorable recommendation. A similar Special Use for parking was approved in November 2007 for the property to the west. However, it appears the two 2"maple trees that were proposed in the previous Special Use have not been planted in the front yard. The Staff would like to note that the property is still zoned SF 1 and the remaining house can only be used as a residence, as indicated on Special Use site plan. 8. The petition of Steven Kubsch, Pat Ruszkowski and Paul Vandewalle. The staff recommends that the Special Use, as presented, be sent to the County Council with an unfavorable recommendation. In the staff's opinion, the Special Use for a group residence as proposed by the petitioner would not meet the above standards for granting a Special Use. The neighborhood in which this house is located has experienced significant land use changes in the past few years, with the construction of high density housing primarily for students. In some of the newer projects, zoning approval has been granted for up to 4 unrelated individuals (students). In the much older Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana