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Home My WebLink AboutApproving- Petition of the Area Board of Zoning Appeals Location: 909 W. Colfax South Bend, IN 46601 RESOLUTION 4092-11 Passed by the Common Council of the City of South Bend, Indiana March 28, 20 11 Attest: City Clerk Attest� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 29, 20 11 � ' City Clerk �, Approved and signed by me March 29 20�_, � � �' RESOLUTION NO. "1,�� -`�� A RESOLUTION OF THE C�MMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 909 WEST COLFAX AVE 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: 909 West Colfax Avenue, South Bend, IN 46601 in order to permit use as a two-family dwelling under the current SF-2 zoning. 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. Mem er of the Common Council Filed in Cl�rk's t�ffi y�� 3_,� `1 FG� u - L�i 1 . . ..._r��o —�,_ P�OT APPr'.OVE1r JOi$!�I��;1;��!0`L'`. CITY CLER�, iC'��'�+f41E@�D,IN �oo�t��.y�`� 3--z�'--1� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11-21 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 909 WEST COLFAX AVE 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. This bill was heard by the Zoning &Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole ' � � ��LITH� SEI��a HEI�iT��E � ��L]��iD�7l�JN � 1iO3 I.LVCffLtd4�1hY 1ti�f.Si Si7�1Ti1 f�E�f): .�N �1�fi1�i P��;E.�s�ayas�-io�,� F��sx��-�5>a February 8,2011 Area Board ofZoning Appeals 125 S. Lafayette Blvd. � Suite 100 South Bend, IN 46601 South Bend Heritage Foundation Attn:Patrick l.ynch 803 Lincoln Way West South Bend, IN 46616 Phone: (574)289-1066 x 203 , � RE: specia!exception petition for: 909 West Colfax Avenue � South Bend,IN 46601 � Statement of Variance Request: We request a special exception to the current SF-2 zoning to remodel an existing non-conforming triplex into a legal two family dwelling. The strict application ofthe current terms ofthe zoning ordinance will result in pradical difficulties in the use of the property because the current"illegal non-conforming' status prevents the Building Department from issuing a permit for any work on the property. Only a change to allow the two-family special exception will allow SBHF to renovate fihe property. We feel that it is not feasible for a private individuaE to successfully renovate this property as a single family home. Standards for Variance:(I.C.36-7-4-918.4) 1. Approvaf of this request will not be injurious to the public health,safety,morals,and general welfare because it will allow SBHF to plan, permit,and improve the property for two-famify residential use. The property is substandard and in need of substantial rehabilitation. 2. The use and value of the area adjacent to the property will not be affected in a substantially adverse manner because we will reduce the number of apartment units from 3 to 2. 3. The proposed use will be consistent with the residential character of the district in which it is located anci the land uses therein. There are several other two-family(duplex�str�ctures in the immediate area. 4. The proposed use is compatible with the recommendations af the City of South Bend Comprehensive Plan. Person presenting petition: Same as (isted above. Contact Pat Lynch at(574)289-1066 x 203 pativnch@sbherita�e.or� Zoning classification&township: SF-2; Portage Township Respectfully submitted, • � Patrick Lynch SBHF Architett ALLEY P.l. 60'(NOT SURVEY VERIFIED) � I � I IA I 0 -o z m N O O Z . O � � C �< I � j m � m v � � T � Z m O o � z o m � � (� � I PORCH X I 15'-0 T m 00 10'-0" I N I 0 Z � DRIVE I R H � 0 I� rn P.L. 60'(NOT SURV VERIFIED) WEST COLFAX AVE. � �� °i y � SOUTH BEND HERITAGE � o='-' '� 909 West Colfax Ave FOUNDATION =m d�• a R eoeu�owwr,rwESr ewmec�o.►+�ee,e � w�or�(b�qaestaee r�z(s�qxea+6m AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fr�c: (574) 235-5541 March 3, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building • South Bend, Indiana 46601 RE: Petition for Special Exception for South Bend Heritage 909 W. Colfax Ave. ABZA 3/2/2011 Dear Council Members: The above referenced petition of South Bend Heritage Foundation was legally advertised on February 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March 2, 2011, at which time the following action was taken: Upon a motion by Mr. Velleman, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception to allow a two family dwelling in a"SF2" District, on property located at 909 W. Colfax, 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. Sincerely, � Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCB/cah SOL'TF3 I3E\13 I�L;I2IT_<1GE SPECIAL L-XCL-P"r101� PLiP.SL:A'�'�T =1-�S��C�� AR1=A BO.AP�D OT= ZO?�1?�G APPr.AL� 1=1'�DI'��GS 01= FAC"f l. l"I-IL PROPOSGD �'.S�: \�'1L1_ '��OT B1= 1'�JUR]GUS `f0 THE Pl_L3LIC t{L.-'.LTI-�. S.Ai=ET`.'_ CO'�'IT=Of�T- ' CO?��ML'�`�1T1� MOR.aL STA'��DARDS. CO?��'E?�]L-NCL- OR GEN�-7�.AL \�'�L1=ARL- BL-CAUSL: Development and use as presented ��'i11 cotnpl� ��'ith all buildin�. 1-�re safet�. traftic_ and parkine re�ulation� as to no; bein_ iniuriou�to the public health, safet.. morals. and <�eneral «�elfare of the communir�. _. 7'HE PIZOPOSED I��S_F. ��'IL.L'�OT I'�.TUP�L- Or. AD\'EP.SLl_Y A1^FF_CT THI= l.'S�OF T}-lI= ADJACF_'�"1 ARE.A OR PROPL-RTl' \ ALL'ES THFF2I=1'� 13L=CAL)SL: The �ariance or u�e shall improve the appearance ofthe neiehUorhood and ��.'ill not devalue the surroundin= proper-ties. THL PROYOSfD ?'SE \�'ILL BL- CO\SISTC?�T \�.'ITH THE CI-IAR.ACTL-R OF THL- DISTPICT 1?� �'�'1-IICH 1`f 1� LOCP,TL-D ."�'�D 1-I-1E I__:1'�D L'SL-:S .AL'TI-IORIIED T}-1FP.L-I?� I3EC.4US�: Condition� on the propern predate the "Lonin�� Ordinance. ��hich creates a differen� condition for tlli� propem'. -:. 1-P-1L PROPOSED USL-� 15 COMPATII3LL V.'lTH "i�HE RECOMMENDATIONS OF TI-lE CIT�' OI= SOL'"I-H 33��D COn_�FR�H1=.�".SI1'E PL�'�'l3EC.AL'SE: ]t is thc feelin��of the Board that the �ariance is blendin�' inio the overall Comprehensive Plan and is not deviatin� ti�on� i:� intent. � CO'�D]T10'�S 012 RL-\'1S10NS: DL-C1 S10'� 1'T IS THL-Rl�FORF_ the de�ision ofthe Board that ihis request for Speciai L-xception shaii b� passed onto the Cit� of South I3end Conunon Council �.ith a: I=A�'OP�AL'LF_ RECO��ME'�DAT10?� ADOPTED ti�is ^nd Da� of Ma:ch_ �0 i 1. �-L� ?�O �X MICH.AEL LiRBA'�'SKI �X R_<\'�DALL MATTl-Tl'S [�X JAC� 1'OL'�G �X GL-P�ALD PHIPPS �:BS_n'T RGBERT HA��'LL>� �X 1p� � L-LLE1'1.A'.� X� �RL-'�DA'� CRL'�'�9LIS1-i