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Home My WebLink AboutSpecial Exception - 3520 N. Bendix RESOLUTIOIV 4114-11 Passed by the Common Council of the City of South Bend, Indiana August 8, 2011 �� Attest: "�.�1-� - i �' ` City Clerk � .� -�.�_ Attest� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 9, Zo 11 `� : -�- --� City Clerk � �4� Approved and signed by me Au g u s t 9 20 11 i,��i��c-C�r' .��-e G'L2 � RESOLUTION NO. I �t�� A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE SOUTH BENP BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3520 N. BENDIX DRIVE 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 South Bend 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 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: 3520 N. BENDIX DRIVE in order to permit A TATTOO ESTABLISHMENT IN A "CB" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the South Bend 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 nse 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 Board of Zoning Appeals which are on file in the office cf 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 o the Common Council ��w� ��; �_. ._ r,��t� _ ' eY�.�... -�,..�....-.,._.-.�.......................... ..� . JUN 1 � 201� � __. , . ....._.. .,,.-__1 . V�� 1" �i�.a.. . . �. . �,:..�`�,f0e�� KESENTED D � ll N�T AFr�iO.Y�#� �DO?Tc3? � �� g�l� �� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3520 N. BENDIX DRIVE 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 and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole 1 ( Petition for: Tattoo Establishment Address for Stacie Davis 1517 Viking dr South Bend iN 4662$ 574 220-5601 Location of Property in Petition 3520 N Bendix South Bend IN 4b628 574 273 4830 Seeking a special exception to allow a Tattoo Establishment in a "CB" District. Which will be used only to do Permanent Makeup in a Salon/Spa Establishment per#'ormed be a Licensed esthetician and a Certified Permanent Makeup Technician. Seeking a variance from a required 500' feet from a religious use to 0' The proposed use will not be injurious to the pubiic health, safety, comfort, community moral standards, convenience or general welfare. It will be not used as a tattoo parlor. The use will only be for permanent makeup ( such as eyebrows, eyeliner, lip liner ) And will not be advertised as a "tattoo"'The used is for people how have lost their eye brow and ect from medical and or hereditary reasons. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The used will help the property values be attracting a higher end clientele to the area as the location is a high end salon/spa establishment The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein . It will not be used as a tattoo parlor. Only to do permanent makeup and Bring in a higher end clientele to the area. The proposed use is compatible with the of the City of South Bend Comprehensive Plan PARCELID NAME 1 MAILINGADD MAILINGCIT MAILlNGS MAILINGZI — TA P GOODWILL INDUSTRIES OF 025-1014-024306 MICHIANA INC P O Box 3128 South Bend IN 46619 NOTRE DAME FEDERAL CREDIT 025-1014-024305 UNION 19033 Douglas Rd Notre Dame IN 46556 025-1014-024304 GMS REALTY INC P.o.Box 4056 South Bend IN 46634 025-1014-024307 ALDI(INDIANA)LP 197 E Division Rd Vaiparaiso IN 46383 025-1014-024003 CALVARY BAPTIST CHURCH 21941 Cleveland Rd South Bend IN 46628 025-1014-024004 KANE PROPERTIES LLC 3545 N Bendix Dr South Bend IN 46628 1ST SOURCE CORPORATION 1/2004 025-1014-0244 PROB DEED LEGAL INCORRECT P O Box 1602 South Bend IN 46634 025-1024-068301 TDM DEVELOPMENT LLC 2640 Goiden Gate Pkwy Ste 102 Naples FL 34105 DCWI TWO LLC%WALGREEN 025-1024-0683 COATTN:TAX DEPT STORE#9220 P O BOX 901 STR 9220 Deefield IL 60015 AREA BOARD OF ZONING APPEALS l25 S. Lafayette Blvd. Suite l d0 South Bend, Indiana 46601 (574) 235-9554 Fnx; (574) 235-554] July 7, 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 of Stacie Davis . � ABZA 7/6/11 Dear Council Members: The above referenced petition of Stacie Davis was legally advertised on June 24, 2011. The Area Board of'Loning Appeals gave it a p�blic hearing on July 6, 2011 , at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a Tattoo Establishment ir�"CB" Community Business District, on property located at 3520 N. Bendix Drive, 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. Sincerel , � . Charles C. Bulot, C.B.O. Building Commissioner CCB/cah DAVIS SPECIAL EXCEPTION PURSUANT 2]-09.3(D) . AREA BOARD OF ZONING APPEALS . � FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE 1NJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: 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 community. 2. THE PROPOSED USE WILL NOT 1NJURE OR ADVERSELY 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 WILL BE CONSISTENT WITH THE CHARACTER CF THE DISTRICT 1N WH1CH 17 IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. 'THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: � It is the feeling of tlie Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION , ADOPTED th is 6th Day of JULY,20l]. YES NO Q MICHAEL URBANSKI . ABSENT RANDALL MATTHYS �X JACK YOUNG ' Q GERALD PHIPPS Q ROBERT HAWLEY ABSENT JOE VELLEMAN ABSE T BRENDAN CRUMLISH