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Home My WebLink AboutSpecial Exception - 228 Notre Dame Ave. & the First East-West alley north of Wayne St.RESOLUTION 3802-07 Passed by the Common Council of the City of South Bend, Indiana October 22, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 22, 2007 Approved and signed by me October 24, 2007 ~~c.,e City Clerk zo07 RESOLUTION NO. ~ ~~ 2 - ~ 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 BETWEEN 228 NOTRE DAME AVENUE AND THE FIRST EAST-WEST ALLEY NORTH OF WAYNE STREET 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 between 228 Notre Dame Avenue and the first east-west alley north of Wayne Street, also being proposed Lot A in the proposed Notre Dame Avenue Minor #2 Subdivision, in order to permit an off site parking area to be utilized by the Weiss Homes office located at 828 East Jefferson Boulevard. The property is zoned "MU" 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 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. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. S. ~~ Member of the Com Council o~ PRESENTED ~ O, LZ_ NOT APPROVED ADOPTEq ~ (, (~ - ZZ' 0 7 Filed In Clerk's Office AU G 2 9 2007 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-126 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 BETWEEN 228 NOTRE DAME AVENUE AND THE FIRST EAST-WEST ALLEY NORTH OF WAYNE STREET 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. Karen L. White Chairperson ~. ABONMARCHE Confidence By Destgn August 29, 2007 Board of Zoning Appeals of the City of South Bend St. Joseph County Building Department 125 South Lafayette Boulevard, Suite 100 South Bend, Indiana 46601 ENGINEERS ARCHITECTS RE : Variances for Reduced Setbacks and Lot Width 8~ Special 'PLANNERS Exception to Allow for an Off Site Parking Area suRVEYORS Weiss Homes Notre Dame Avenue Minor #2 (Proposed) 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BEMON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI Petitioners: Kendall-Weiss, L.L.P. 828 East Jefferson Boulevard South Bend, IN 46617 Phone: (574) 234-7373 Members of the Board: We are requesting the following variances within the proposed Weiss Homes Notre Dame Avenue Minor # 1 subdivision: (1) to allow one of the two side yard setbacks for proposed Lots 5 and 6 to be 0 feet instead of the required 5 feet; (2) to allow the front yard setback for proposed Lots 5 and 6 to be 10 feet instead of the required 25 feet; (3) to allow the front residential bufferyard for proposed Lot A to be 5 feet for a parking area instead of the required 20 feet; (4) to allow the minimum side residential bufferyard for proposed Lot A to be 6 feet instead of the required 15 feet; (5) to allow the minimum rear residential bufferyard for proposed Lot A to be 5 feet instead of the required 15 feet; (6) to allow proposed Lot A to have a 19 feet lot width instead of the required 30 feet. We are also requesting a special exception to allow an off site parking area to be located on proposed Lot A of the Weiss Homes Notre Dame Avenue Minor #2. This lot shall be util'IZed by the Weiss Homes office located at the southwest comer of Jefferson Boulevard and Notre Dame Avenue (828 East Jefferson Boulevard). See attached Exhibit "A". (The lot numbers are preliminary and are subject to change via the recorded subdivision plat.) ABONMARCHE August 2007 Weiss Homes Notre Dame Avenue Minor #2 (Proposed) Variances and Special Exception City of South Bend Indiana The reason for requesting the reduced front and side yard setbacks for Lots 5 and 6 is to allow for construction of two new single family homes. This infill development will providetwo new homes where there is currently only 1 existing home, which will be razed, and several vacant lots. The reduced front yard setback will allow the homes to be placed closer to the right-of-way and create lots which have a similar front yard setback to the existing homes within the neighborhood. Existing setbacks for homes along the north side of Wayne Street between St. Peter Street and Frances Stree# are approximately 9 feet and setbacks for homes along the east side of St. Peter Street between Wayne Street and Jefferson Boulevard are 10 feet. Also, a smaller front yard setback is often a common development standard for infill or neo-traditional development. The reduced side yard setbacks for Lots 5 and 6 will allow a zero lot fine along one of the two side yards. A zero lot line establishes a larger and more usable side yard for each of the homes. Such a side yard setback is also often a common development standard for such infill or neo-traditional development. Promoting such infill development is also a recommended objective within City Plan. The reason for requesting the reduced setbacks for Lot A is to allow for an off site parking area to be located within the lot. This parking area will provide additional parking spaces for the Weiss Homes office site located at the southwest corner of Jefferson Boulevard and Notre Dame Avenue (828 East Jefferson Boulevard). These spaces will be provided along an existing alley which will also be improved as a part of the infill development. The reason for requesting the reduced lot width for Lot A is to allow for separate ownership for the parking area. This parking area will continue to be owned by Kendall Weiss, L.L.P. (d/b/a Weiss Homes, Inc. at 828 East Jefferson Boulevard) while proposed Lot 5 to the south will be sold to a individual owner. The purpose of petitioning for the above special exception is to allow for additional parking spaces for the Weiss Homes office site. A total of 30 parking spaces were required when the Fnal Site Plan was approved for the Weiss Homes site in 1998. However, due to overall site constraints and lot size, a variance was granted to allow for 20 spaces instead of the required 30 spaces. Therefore, the approval of this special .exception will provide additional spaces which were originally required in 1998. This parking area along with the required residential buffering will also create an effective buffer between the proposed residential uses to the south and the office uses to the north. ABONMARCNE August 2007 Weiss Homes Notre Dame Avenue Minor #2 (Proposed) Special Exception to Allow an Off Site Parking Area on Proposed Lot A City of South Bend Indiana It is understood that the above variance requests meet the following standards: (1) The approval will. not be injurious to the public health, safety, morals, and general welfare of the community. The reduced front setback for Lots 5 and 6 will create lots which have similar setbacks to the existing homes on the site and to those throughout the neighborhood. The reduced side yard setbacks will allow for a larger and more usable side yard for each of the homes. The reduced setbacks and lot width for Lot A are only being requested to allow for the construction of a parking area. No buildings will be constructed upon Lot A. Also, the parking area is proposed to be adequately screened from the residential properties to the west, south and east. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The reduced front and side yard setback variances for Lots 5 and 6 will not negatively affect the use and value of the area adjacent to the property since similar setbacks exist for other homes throughout the neighborhood. Also, the side yard setback variance only affects the two lots which are being redeveloped simultaneously. The reduced setbacks and lot width for Lot A will not negatively affect the use and value of the adjacent area since the existing and proposed residential properties to the west, south and east will be adequately screened with landscaping. The area to the north of Lot A is currently zoned "MU" Mixed Use district and contains a personal finance office and lawyers office. (3J The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. If the required minimum front yard and side yard setbacks are applied to Lots 5 and 6, the proposed neo-traditional~ homes could not be developed on these lots. Neo-traditional homes ofteri have smaller front yard setbacks and reduced or zero side yard setbacks. These setbacks also create larger usable side and rear yards which is an attractive selling point to any potential buyer. If the required minimum setbacks are applied to Lot A, this small lot could not be developed as an off site parking area for the Weiss Homes office site. Also, if the required minimum lot width is applied to Lot A, only one lot instead of two could Engineering Surveying Planning ABONAAARCHE August 2007 Weiss Homes Notre Dame Avenue Minor #2 (Proposed) Special Exception to Allow an Off Site Parking Area on Proposed Lot A Ci of South Bend, Indiana be subdivided to south. Each of the two proposed tots to the south is at the proposed minimum 40 foot lot width. It is understood that the above special exception request meets the following standards: (1) The approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed off site parking area is currently a crushed gravel parking lot. Through the approval of this special exception, the adjacent alley and the proposed parking area will be repaved and will include new curb. In turn, this will increase the public safety, comfort, and general welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Neither the existing office uses for the properties to the north and east nor the proposed residential uses to the west and south will be negatively affected since these areas are also used for office parking or will be redeveloped in conjunction with the parking area and alley improvements. Also, property values will not be negatively affected since the parking area is compatible with the nearby existing office uses and parking areas. Also, the parking area will be adequately screened from the proposed residential uses to the west and south. It is highly probably that such the investment and improvements to the alley and parking area could actually increase nearby property values. (3) 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 parking area will be located within an area which is currently being rezoned to an "MU" Mixed Use District. This district allows for a diverse number of uses including retail, food, office and professional services. However, a special exception is required for a separate off site parking area located within this district. This separate use will be consistent in character to the adjacent office parking areas located to the north and east. (4) The proposed use is compatible with the recommendations ofthe City of South Bend Comprehensive Plan. One of the land use objectives within the City Plan is to "encourage a compatible mix of land uses in the community" while one of policies under this objective is to "pursue a mix of land uses along major corridors and other locations identified on the Engineering Surveying Planning ®® ABONMARCHE August 2007 Weiss Homes Notre Dame Avenue Minor #2 (Proposed) Special Exception to Allow an Off Site Parking Area on Proposed Lot A City of South Bend Indiana Future Land Use Map." This area is identified as a "mixed use" area on the Future Land Use Map. Also, an off site parking area on this site is a compatible use since it acts as a buffer between the existing offices uses to the north along Jefferson Road and the proposed residential uses to the south. The subject area is currently zoned "MF1 "Urban Corridor Multifamily District and proposed ,~ ,~ Lots 5 and 6 are pending a rezoning to SF2 Single and Two Family District and proposed Lot A is pending a rezoning to "MU" Mixed Use District. The site is located within Portage Township within the City of South Bend. This petition is being submitted by Abonmarche Consultants, L.L.C., 750 Lincoln Way East, South Bend, Indiana, 46601, on behalf of Kendall-Weiss, L.L.P. The contact person is Derek J. Spier, A.I.C.P., with Abonmarche Consultants, L.L.C. at (574) 232-8700. Based upon the above information, we respectfully request approval of these variances and special exception. Thank you for your time and assistance in this matter. Sincerely, ABONMARCHE CONSULTANTS, L.L.C. ~~ ~,~_ Derek J. Spier, A.I.C.P. 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R.2 E. ~(1-oPE/~-~l oWr1E2S In/iT~'}+-.~ 300 FEE'i Q I Ql ALCOHOLISM COUNCIL, INC. STEPHEN & LOUISE ANELLA B & C LTD PARTNERSHIP 818 EAST JEFFERSON 218 SOUTH FRANCES STREET 914 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 SOUTH BEND, IN 46601 18-6003-0062 18-6005-0112;18-6005-0113 18-6007-0168 ROBERT BOLLMAN, JR. 222 ST. PETER SOUTH BEND, IN 46617 18-6003-0059 JOSEPH & PHYLLIS BALDONI 1226 EAST WAYNE STREET SOUTH SOUTH BEND, IN 46615 18-6005-0114 MICHAEL & ROBERT BOITS 1001 EAST WAYNE SOUTH BEND, IN 46615 18-6005-0116 BURTON CEBULSKI, JR. 235 SOUTH FRANCIS STREET SOUTH BEND, IN 46637 18-6007-0182 DIVERSIFIED EDUCATIONAL SERV. 1030 EAST JEFFERSON SOUTH BEND, IN 46617 18-6005-0111 JOHN FREIDLINE 918 EAST JEFFERSON SOUTH BEND, IN 46617 18-6007-0175 BLAKE HOCHSTETLER 809 EAST WAYNE STREET SOUTH BEND, IN 46601 18-6003-0078 KENDALL WEISS, LLP 828 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 18-6003-0068;18-6007-0171 18-6003-0064;18-6003-0065 18-6003-0075;18-6003-0074 NATIONAL MANAGED ASSETS CORP. MERCEDES DEPOY TRUST 922 EAST JEFFERSON 1023 EAST MADISON STREET SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-6007-0176 18-6003-0073 NORTH HILL STREET, LLC 2300 EAST STADIUM BLVD. ANN ARBOR, MI 48104 18-6003-0072 F & S REALTY, LLC 1002 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 18-6005-0108 SCOTT & PAT GRING 828 EAST WAYNE STREET SOUTH BEND, IN 46617 18-6004-0102 MEDIVANTAGE JEFFERSON MEDICAL, LLC 401 NORTH GALE ROAD MITCHELL, SD 57301 18-5012-0392 SK CiJMNIINGS, LLC 904 JEFFERSON SOUTH BEND, IN 46617 18-6007-0167 JOSHUA MARTIN & JENIFER MESTER RICHARD & CHARLOTTE LEACH 226 SOUTH ST. PETER STREET 824 EAST WAYNE STREET SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-6003-0061 18-6004-0101 SANDRA DOROTHY MACRI, TRUSTEE 926 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 18-6007-0177;18-6007-0178 JAMES V. MACRI 926 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 18-6007-0178.01;18-6007-0179 18-6007-0180;18-6007-0181; 18-6007-0182.01 GILMORE RESIDENTIAL REAL ESTATE 739 COUNTRY CLUB LANE SOUTH BEND, IN 46615 18-6007-0173;18-6007-0174 CALVIN & GAYS JOHNSON 812 EAST JEFFERSON SOUTH BEND, IN 46617 18-6003-0055;18-6003-0057.01 SYPHETH & KHAMICEUNG KEOMONGKHON 230 SOUTH FRANCES SOUTH BEND, IN 46617 18-6005-0115 ALAN NEIGHBOR 216 ST. PETER SOUTH BEND, IN 46617 18-6003-0058 PETER MAJESKI 54756 BONNETHILL TRAIL MISHAWAKA, IN 46544 18-6003-0079 JAMES & KIlVI$ERLY MCKINNIES DAVID & GOLDE SADDAWI WAYNE STREET PLAZA, LP 413 ALTGELD 903 EAST JEFFERSON BLVD. 306 SOUTH NOTRE DAME AVENUE SOUTH BEND, IN 46614 SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-6003-0060 18-5012-0384 18-6006-0165 KENDALL WEIS5, LLP 828 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617 18-6003-0071; 06-6007-0172 18-6003-0070; 18-6007-0169 18-6007-0170 PATRICK MCGRAW 306 S. NOTRE DAVE AVE. SOUTH BEND, IN 46617 18-6006-0165.01, 18-6006-0165.03 GREGORY & CYNTHIS GLUCHOWSKI JANIS A. BOOTH 1805 NORTH CEDAR 16969 HIDDEN VALLY DRIVE MISHAWAKA, IN 46545 GRANGER, IN 46530 18-6006-0166 18-6004-0102.01 F.•IProjectslM7-06661Special Exception - Ofj"Site Parkingl5pecial Exception Surrounding Property Owners. doc VICTOR & IVA NERADA 107 S. NORTON ST. NEW BUFFALO, MI 49117 18-6003-0069 ERVIN & MARGIE BAKER 816 EAST WAYNE STREET SOUTH BEND, IN 46617 18-6004-0100 AREA BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND COUNTY-CITY BUILDING 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235-9554 NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals of the City of South Bend, on Thursday, the 20th day of Sepfember, 20 07, at 3:00 p.m. in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN. A petition is on file by Kendall-Weiss L L P 828 East Jefferson Boulevard, South Bend IN 46617 SEEKING: fron~ard setback for proposed Lots 5 and 6 to be 10 feet instead of the reauired 25 feet:L(3) to allow the front residential bufferyard for proposed Lot A to be 5 feet for a parking area instead of the required 20 feet• X41 to allow the minimum side residential buffe~ard for proposed Lot A to be 6 feet instead of the reauired 15 feet; .(51 to allow the minimum rear residential bufferyard to proposed Lot A to be 5 feet instead of the required 15 feet• (~ to allow proposed Lot A to hove a 19 feet lot width instead of the required 30 feet• and 171 to allow a special exception for an off site parking area to be located on proposed Lot A for the Weiss Homes office located at 828 East Jefferson Boulevard. ON PROPERTY COMMONLY DESCRIBED AS: Property located at and between 228 Notre Dame Avenue and the first east-west alley north of Wavne Street. 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 persons desiring to oppose or support said petition will be heard at that time. AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA r~. Carolyn A. Henry Secretary to the Board F:\Projects\M7-0666\Special Exception -Off Site Parking\notice to adj owners abza -special exception.doc NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the City of South Bend, Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 20th day of September , 20 07 , at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by Kendall-Weiss, L.L.P., 828 East Jefferson Boulevard, South Bend, IN 46617. SEEKING The following variances: (1) to allow one of the two side yard setbacks for proposed Lots 5 and 6 to be 0 feet instead of the required 5 feet; (2) to allow the front yard setback for proposed Lots 5 and 6 to be 10 feet instead of the required 25 feet; (3) to allow the front residential bufferyard for proposed Lot A to be 5 feet for a parking area instead of the required 20 feet; (4) to allow the minimum side residential bufferyard for proposed Lot A to be 6 feet instead of the required 15 feet; (5) to allow the minimum rear residential bufferyard to proposed Lot A to be 5 feet instead of the required 15 feet; (6) to allow proposed Lot A to have a 19 feet lot width instead of the required 30 feet; and (7) to allow a special exception for an off site parking area to be located on proposed Lot Aforthe Weiss Homes office located at 828 East Jefferson Boulevard on a certain real estate in the City of South Bend, St. Joseph County, Indiana. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: Property located at and between 228 Notre Dame Avenue and the first east-west alley north of Wayne Street. AND IS LEGALLY DESCRIBED AS FOLLOWS: See attached legal description. Any person desiring to oppose or support said petition will be heard at that time. ~, b' ~~~ ~ Dated this~_ ;~ day of , 20 07 . . a~ v c ~ BOARD OF ZONING APPEALS ~, ~' a c' °~'i , ~ ~N ~~ .-~ ~~ ~.. ~ ~ ,~~ ~~ ~ o :~' Secretary t the Board ~~ TO THE`f~Tl~l ` ~ ` is your responsibility to complete this form correctly and deliver it to the Se ~ ~ e Board of Zoning Appeals with 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 notice 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 held. Proof of publication must be presented to the Board at the time of public hearing. r--'`~ _~-``"~rGAL DESCRIPTION PARCEL I: THE NORTH HALF OF LOT NUMBERED 5 AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. PARCEL II: THE SOUTH HALF OF LOT NUMBERED FOUR (4) IN ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDTION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND; EXCEPTING THEREFROM A LOT OR PARCEL OF LAND 42 1 /2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST AND THEREOF. PARCEL III: PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET; THENCE WEST 122.5 FEET TO THE EAST LINE OF NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NOTRE DAME AVENUE, 33 FEET TO THE PLACE OF BEGINNING. PARCEL IV: A LOT OR PARCEL OF LAND FORTY-TWO AND ONE-HALF (42 1 /2) FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THETOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. THIS DESCRIPTION WAS PREPARED BY DEREK J. SPIER, A.I.C.P. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON AUGUST 3, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 21, 2007 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 9/20/07 The petition ofKendall-Weiss, LLP seeking a Special Exception for off site parking in a "MU" District Dear Council Members: The above referenced petition ofKendall-Weiss, LLP was legally advertised on September 6, 2007. The Board of Zoning Appeals gave it a public hearing on September 20, 2007, at which time the following action was taken: Upon a motion by Mr. Hoban, being seconded by Mr. Mr. Kilbase and unanimously carried, the petition for Special Exception ofKendall-Weiss, LLP for off site parking in a "MU" District, on property located on the east side of Notre Dame Ave. north of Wayne Street , is sent to the Common Council of the City of South Bend with a Favorable Recommendation. The deliberations of the 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, ~' Donald F. Fozo, C.B. Building Commissioner DFF/cah IiENDALL-WEISS, LLP (off site parking in "MU") SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTI-I BEND, INDIANA FINDINGS OF FACT I . TI-IE PROPOSED USE WILL NOT BE INNRIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented wil] comply with all bttilding, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. 'CHE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or ttse shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. TI-IE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT 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 CO~lPREHENSIi~E PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its 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 this 20TH Day of SEPTEMBER, 2007. YES NO ® RICHARD Kn -BASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON KENDALL-WEISS LLP The petition of Kendall-Weiss seeking a Special Exception for off site parking in a "MU" District and for the following variances: LOTS: 5 & 6: from the required 5' side yard to 0 ;from the required 25' front yard setback to 10'; LOT A: from the required 20' front residential buffer yard to 5 ;from the required 15' side residential buffer yard to 6 ;from the required 15' rear residential buffer yard to 5 ;and from the required 30' lot width to 19', for lots 5 and 6 and lot A of the proposed Weiss Homes Notre Dame Avenue Minor #2 Subdivision,. on property located on the east side of Notre Dame Avenue north of Wayne Street. This property is zoned "MF1"Urban Corridor Multifamily District pending re-zoning to "SFZ" and "MU". 12