HomeMy WebLinkAboutSpecial Exception - 1126 Victory DriveAttest:
RESOLUTION
0: :
Passed by the Common Council of the City of South Bend, Indiana
December 10,
A
20 07
Presented by me to the Mayor of the City of South Bend, Indiana
December 11,
20 07
City Clerk
President of Common Council
Approved and signed by me December 14, 20 07
City Clerk
RESOLUTION NO. 3M--O7
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
1126 VICTORY 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 pursuant to I.C. 36-
7-4- 918.6; 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: 1126 Victory
Drive in order to permit an assisted living home in a "SF I" 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:
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; all of which is requested by the South
Bend Municipal Code § 21 -09.03 (i).
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 of
the City Clerk, and further conditioned upon:
1. That there will be a hard wired smoke alarm system with a battery back -up installed at
the locations, and
2. That all persons receiving care at this location be 55 years of age or older with no
more than three (3) persons being cared for at any one time.
SECTION V. The Resolution shall be in full force and effect from and after its adoption
by the Common Council.
PRESENTED
F10T APPROVED t
ADOPTED (1-10-G-) C S
Member of the Co on Council
Filed In Clerk's Office
DEC 1 1 2007
JOHN VOORDE
CITY CLERK, SOK, B_
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07 -134 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 1126 VICTORY 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 favorite recommendation with the following
amendments:
Add to Section IV. After City Clerk, and further conditioned upon:
1. That there will be a hard wired smoke alarm system with a battery back -up installed at
the locations, and
2. That all persons receiving care at this location be 55 years of age or older with no more
than three (3) persons being cared for at any one time.
Karen L. White
Chairperson
BOARD OF ZONING APPEALS
Of
The city of South Bend
PETITION
APPLICANT'S NAME :Stephen Kjaj & Pauline Kieme PHONE 574 299 0767
ADDRESs:5240 Miami Street South Bend Indiana 46614
ADDRESS OF PROPERTY 1126 Victory Ave South Bend Indiana 46615
PRESENT ZONING OF PROPERTY::SF1 District
OWNERS NAME :Stephen Kiai &Pauline Kieme PHONE 574 299 0767
ADDRESS 5240 Miami St South Bend 46614
COUNSEL OR CONSULTANT
PHONE
ADDRESS
Seeking a.Special Exception to allow an assisted living home in a
"SF1" District.
The proposed use will not be injurious to the public health, safety, convenience or
general welfare of the area because there will be only 1 -3 seniors and one cares4yers
living in the property.
The proposed will not injure or adversely affect the use of the adjacent area of the
property values therein because this is generally homelike setting just as the seniors are
living in their own homes only that they are getting little or no assistance. This is like a
companion home There will also not be too much commotion of traffic in and out
loading and unloading like any regular care center. Also the properly is well maintained
and kept and therefore property value will not be affected.
Proposed use will be consistent with the character of the district in which it is located
and land use therein. There will be 1 -3 seniors living here who need little or no
assistance most of the seniors are in the home for companionship and reminders to take
their medication if need be hence consistent with the character of the district.
Proposed use is compatible with the recommendations of the city of South Bend
comprehensive plan in that this is a residential area and is being used by our loved seniors
as a nursing home alternative which is home -like setting and the seniors feel like they are
still living in their respective homes.
I attest under the penalties for perjury, that the foregoing .representations are true.
Signature of Property Owner(s)
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NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South
Bend will hold a public healing in the Council Chambers oil the 4"h Floor of the County -City Building, 227 W. 1
Jefferson Blvd., South Bend, Indiana on the day of �C:Jt �� f � > O0�7
at 3:00 p.nl. or as soon thereafter as the matter can be heard. This hearin , is for the purpose of considering a
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petition that was filed by 'Q
SEEKING:
on certain real estate in the City of South Bender p
'
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: %ato Iv
south 6P� �UL 6 1)
AND IS LEGALLY DESCRIBED AS: .LQ ±qq q 04 a qV E q oAD�.
Any person desiring to oppose or suppo aid p tion will be heard at that time.
Dated this day of , 4: fWd
6 7
B BOARD OF ZONING APPEALS
ap OF THE CITY OF SOUTH BEND
Carolyn A. H#-y, Secretary to the B Ud
TO THE P + TVI } responsibility to complete this form correctly and deliver it to the Secretary
of the Board of n A e itll the other papers at the time of original filing. Once it is signed by the
Secretary, then it is your responsibility to make arrangements to have publication of riotice made in a local
newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at
least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be
presented to the Board at the time of public hearing.
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will beheld by the Board of Zoning Appeals of the City
of South Bend, on Thursday, the N6 day of 00,(�m bQ/ 007 , at 3:00 p.m. in the
Council Chambers on the 4`h Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by 4 /)h M Y) �, � r�,(�,(, �(%/�%
SEEKING
S
c �
01nt) ome yin d a SF/
ON PROPERTY COMMONLY DESCRIBED AS:
Said public hearing will be held as authorized by the applicable zoning Ordinance and Chapter 138, Acts
of 1957 of the General Assembly of the State of Indiana.
. Any person desiring to oppose or support said petition will be heard at that time.
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
,I r
I
Carolyn A. enry