HomeMy WebLinkAboutSpecial Exception - 702 E. Jefferson Blvd.RESOLUTION
4041-10
Passed by the Common Council of the City of South Bend, Indiana
August 9,
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 10, 20 10
Approved and signed by me ~ • u ~'~ -~ 20 ~`~
10
20
City Clerk
RESOLUTION NO. ~d ~ l ~~'~
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 702E Jefferson Blvd., South Bend, IN 46617
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: 702E Jefferson Blvd., South Bend,
Indiana, 46617
in order to permit: A re uest to allow a loun a and restaurant in a "MLJ" mixed use district.
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:
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 City of South Bend
Comprehensive plan;
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
~ ~~~
PRE;EN~EU
NOT APPROVECI
,:~ ~pOPTED g' ~ --~,0
f'!!~d in Clet~k'S O~il~e
JUN - 7 2010
JONN V~ORDE
ctTY c~e~,c, so. e~r~Q, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-35 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 702 E. JEFFERSON
BLVD., SOUTH BEND, INDIANA 46617
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
/~
ACTION MORTGAGE CORPORATION
MORTGAGE INVESTMENT BANKERS
Commercial Real Estate Financing
June 7, 2010
St. Joseph County/South Bend
Building Department
125 S. Lafayette Blvd., Suite 100
South Bend, IN 46601
RE: Variance and Special Exception appeal for property located at 702 E. Jefferson
Blvd., South Bend, IN 46617
To Whom It May Concern:
I am hereby petitioning the following:
Donald Schefineyer, c/o Action Mortgage Corporation, 300 S. St. Louis Blvd., Ste. 102,
South Bend, Indiana, 46617
Telephone number is 574-288-6300.
Property location is 702 E. Jefferson Blvd., South Bend, Indiana, 46617
I am seeking a Special Exception to allow a lounge and restaurant in a "MU" Mixed Use
district.
I am also seeking a Variance from the allowed two controlled uses within 1,000 feet to
four controlled uses and from the required sixty-eight parking spaces to zero.
Standards for Special Exceptions
i. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare:
The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare. The existing building has been part of
the neighborhood since approx. 1890 and was remodeled in the 1960's to double its size
and again in 2006 to completely upgrade the electrical and plumbing systems, new roof,
new exterior treatments, all new windows and doors and an ADA compliant bathroom.
Uses over the years have predominantly been retail and included: Buttons and Bows, a
clothing retailer; Belmont Beverage, a retail liquor store; most recently the Natural Way a
MEMBER
Mortgage Banker
2°he ~arknrern.~trium Associffilon of America
The National Association
300 South St. Louis Boulevard South Bend, Indiana 46617 Telephone (574) 287-5363 Fax (574) 28Z-2129 MBA of Real Estate finance
ACTION MORTGAGE CORPORATION
children's furniture store. The Natural Way moved to Mishawaka in October of 2008.
The building has been vacant since that time although much effort has been made to re-
tenant the building.
ii. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein:
The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein. In fact, the building is situated on a prime corner being the
southeast corner of Jefferson Blvd. and St. Louis Blvd. Directly across Jefferson Blvd. is
Barnaby's Pizza, a popular restaurant. To the east is the Beehive, a hair salon. To the
west is Howard Park and the St. Joseph River. To the south is a private residence owned
by Mr. Tim Hacker who is an enthusiastic supporter of the proposed use.
iii. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein:
The proposed use will be consistent with the character of the. district in which it is located
and the land uses authorized therein. The new tavern is highly consistent with similar
uses surrounding it including Barnabys, the Parkview Tavern and the Emporium
Restaurant. Other uses in the district include Zion Church on Wayne St., various retail
and commercial uses along Jefferson Blvd. and St. Louis Blvd. Howard Park is a major
public attraction directly opposite the subject across St. Louis and the proposed use will
be complementary to users of the park facilities including the ice rink. The Howard
Park/East Bank Neighborhood Association is a proponent of this development as are the
residents of the neighborhood in Howard Park.
iv. The proposed use is compatible with the recommendation of the City of South
Bend Comprehensive Plan:
The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan. In fact, the proposed use combines several of the Plan's most
ambitious agenda items: creating uses designed to increase activity in the urban core.
The current situation with a vacant building is not good for the neighborhood or the
surrounding merchants. The new use will be of great benefit to the neighborhood as the
attempt to attract market-rate housing in the area where Transpo is currently located and
the old Sollitt property is redeveloped. It will also be a magnet for current residents who
will enjoy the opportunity to sit outside and view Howard Park during the summer
months. It will encourage more commerce and be a boon to existing residents as well. In
particular, our recommendations to the city Dept of Eco Development concerning the
revising of parking along Jefferson Blvd. and the restricting of Jefferson Blvd. to one
lane going east from St. Louis is highly consistent with the vision for East Bank Village--
-calming traffic and designed to provide amenities such as that afforded in Chicago
neighborhoods like Lincoln Park, Bucktown and Indianapolis neighborhoods like
Broadripple. Our surveys of people living in the Sunnymede, Howard Park, and East
Bank neighborhood and along Jefferson Blvd. have found a wide base of support.
AC710N MORTGAGE CORPORATION
The zoning classification is MU- Portage Township
We thank you for your time and consideration on this matter.
Cordially,
P ~ ~'
~ t ~ ~r
~~~~ . ~
~. ~ .
Donald H. Schefineyer,
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~~ fi~~_ ~. ~' a4, k ,.~ .~ Wayne St' s Phone:(574)24~I
arcels Countv Parcels
MAILIN MAILINGZI
Rec PARCELID NAME 1 MAILINGADD MAILINGCIT
- GSTA P
1 018-5011-0340 STRATABYS LLC 713 E Jefferson South Bend IN 46617
PETERSEN THOMAS R
2 018-5011-0350 & MARGARET 115 S St Peter St South Bend IN 46617
3 018-6002-0012 HACKER TIMOTHY J 1120 S Spring Mishawaka IN 46544
4 018-6002-0014 HACKER TIMOTHY J 1120 S Spring Mishawaka IN 46544
ZION UNITED CHURCH
5 018-6002-0018 OF CHRIST 715 E Wayne St South Bend IN 46617
ZION UNITED CHURCH
6 018-6002-0029 OF CHRIST 715 E Wayne St South Bend IN 46617
UNITED CHURCH OF
7 018-6002-0020 CHRIST ZION CHURCH 715 E Wayne St South Bend IN 46617
SCHEFMEYER DONALD 300 S Saint Louis
8 018-6002-0017 H Blvd Ste 102 South Bend IN 46617
9 018-6001-0002 CITY OF SOUTH BEND 0
UNITED CHURCH OF
10 018-6002-0019 CHRIST ZION CHURCH 715 E Wayne St South Bend IN 46617
UNITED CHURCH OF
11 018-6002-0030 CHRIST ZION CHURCH 715 E Wayne St South Bend IN 46617
ZION UNITED CHURCH
OF CHRIST SOUTH
12 018-6002-0025 BEND INDIANA 211 St Peter St South Bend IN 46614
300 S St Louis
13 018-6002-0011 DH SCHEFMEYER Blvd South Bend IN 46617
ZION UNITED CHURCH
OF CHRIST SOUTH
14 018-6002-002502 BEND, INDIANA 715 E Wayne St South Bend IN 46617
300 S St Louis
15 018-6002-0004 D H SCHEFMEYER Blvd South Bend IN 46617
706 E Jefferson
16 018-6002-0005 KUHARIC JILL E Blvd South Bend IN 46617
SWEENEY BETTY J
REVOCABLE TRUST
17 018-6002-0006 UTD NOV 8 2000 712 E Jefferson South Bend IN 46617
SWEENEY BETTY J
REVOC TRUST U T D
18 018-6002-0007 NOV 8 2000 714 E Jefferson South Bend IN 46617
SWEENEY BETTY J
REVOCABLE TRUST
19 018-6002-0021 UTD NOV 8 2000 115 N Sunnyside South Bend IN 46614
20 018-6002-0022 SCHMIDT MICHELLE M 19652 S Paxson Dr South Bend IN 46637
ZION UNITED CHURCH
21 018-6002-0023 OF CHRIST 715 E Wayne St South Bend IN 46617
ZION UNITED CHURCH
22 018-6002-0024 OF CHRIST 715 E Wayne St South Bend IN 46617
ZION UNITED CHURCH
23 018-6002-001801 OF CHRIST 715 E Wayne St. South Bend IN 46617
UNITED CHURCH OF
24 018-6002-0028 CHRIST ZION CHURCH 715 E Wayne St South Bend IN 46617
ZION UNITED CHURCH
25 018-6002-0027 OF CHRIST 715 E Wayne St South Bend IN 46617
RADIOLOGY REALTY % 121 S St Louis
26 018-5011-0327 X RAY CONSULTANTS Blvd South Bend IN 46617
MICHAELS JEROME E
27 018-5011-0339 AND MARY L 116 S St Louis BI South Bend IN 46617
RADECKI RONALD P &
28 018-5011-0351 KAY K ~ 123 S St Peter St South Bend IN 46617
CLEARWATER
KENNETH R AND 609 E Jefferson
29 018-5011-0319 JOYCE J Blvd South Bend IN 46617
ADAMO ANTHONY P
TRUSTEE OF THE
ANTHONY P ADAMO
REVOCABLE TRUST
30 018-5011-0329 FOR LIFE P O Box 611 South Bend IN 46624
ADAMO ANTHONY P
TRUSTEE OF THE
ANTHONY P ADAMO
REVOCABLE TRUST
31 018-5011-0330 FOR LIFE P O Box 611 South Bend IN 46624
CLEARWATER
KENNETH R AND
32 018-5011-0320 JOYCE J 613 E Jefferson South Bend IN 46617
RADECKI RONALD P &
33 018-5011-0352 KAY K 123 S St Peter St South Bend IN 46617
TOEPP ROSEMARY
KATHLEEN TOEPP
34 018-5011-035501 NEUHOFF 727 E Jefferson South Bend IN 46617
CLEARWATER
KENNETH R AND
35 018-5011-0315 JOYCE J 116 S HILL ST South Bend IN 46617
RUBIN IRWIN
SPOUSE'S TRUST
W/GERTRUDE AS
TRUSTEE 1/2 &
GERTRUDE RUBIN 1/2
36 018-5011-0328 INT 51288 Golfview Ct Granger IN 46530
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
July 8, 2010
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of Donald Schefineyer
ABZA 7/7/10
Dear Council Members:
The above referenced petition of Donald Schefineyer was legally advertised on June 17, 2010. The Area
Board of Zoning Appeals gave it a public hearing on July 7, 2010, at which time the following action was
taken:
Upon a motion by Mr. Hawley being seconded by Mr. Phipps and unanimously carried,
the petition for Special Exception to allow a lounge and restaurant in a "MU" Mixed Use District,
on property located at 702 E. Jefferson Blvd., is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above
decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be
made part of this report.
Sincere~ly~,/
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah
SCHEFMEYER
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
]. THE PROPOSED USE \~~ILL NOT BE INJURIOUS TO THE PUBLIC HEALTH; SAFETY, COMFORT,
COMMUNITY MORAL STA2~'DARDS; CONVENIENCE OR GENERAL WELFARE BL-CAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to
not being injurious to the public health. safety, morals, and general welfare of the conimunit~~.
?. THE- PROPOSED USE V/ILL NOT INJURE OR ADVERSE-LY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE \\~ILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT I?~' WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the properh~ predate the Zoning Ordinance, which creates, a different condition for this propert~~.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMML-NDATIONS OF THE CITY OF SOUTH
BEI~'D COIvIPRE'HENSIVEPLANBECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR RF.VISIOl~'S:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special L-xception shall be passed onto tl~e Cit}~ of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this ith Day of JULY; 2010.
YES I~'O
® MICHAEL URBANSKI
ABSE?~T RAI~TDALL MATTI-~'S
® JACK YOUNG
ABSENT JACK HICKEY
® GERALD PHIPPS
® ROBERT HA\\~LEY
® JOE \~ELLEMAN