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HomeMy WebLinkAboutSpecial Exception - 813 South Bend AvenueRESOLUTION 3809-07 Passed by the Common Council of the City of South Bend, Indiana November 12, Attest: 2007 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 13, 20 07 November 19 07 Approved and signed by me ' 20 City Clerk RESOLUTION NO. 3 ~ v ~ ' ~ 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 813 South Bend Avenue South Bend, Indiana 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 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: 813 South Bend Avenue, South Bend, Indiana, 46617 in order to permit the construction of asingle-family home 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 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 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.2' on Council Filed In Cierk's ~~#ice SEP 2 4 2007 JOtit~ VQORL`E CITY CLERK, SQ. BEN©, tR rKE:;~NTED I ~ - l2- O7 NOT APPROVED ADOPTED ~~ ~ ~ ~ Z" ~ 7 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-132 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 813 SOUTH BEND AVENUE, SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with no recommendation due to a lack of a quorum. Karen L. White Chairperson SOUTH BEND HERITAGE FOUNDATION 8O3 LINCOLNWAY WEST SOUTH $END, IN 46616 PHONE (574)289-1066 Fnx (574)289-4550 September 24, 2007 Board of Zoning Appeals City of South Bend c/o South Bend/St. Joseph County Building Department 125 So. Lafayette Boulevard South Bend, Indiana 46601 Dear Board of Zoning Appeals: Enclosed you will find a petition for a special exception for the property at 813 South Bend Avenue, South Bend. This special exception, if approved, would allow for the construction of a new, market-rate single-family home in an area zoned MF 1. The Northeast Neighborhood Revitalization Organization (NNRO), staffed by South Bend Heritage Foundation (SBHF), purchased this property from the University of Notre Dame in 2004. At that time, the property was the site of a dilapidated single-family home that was uninhabited and in extreme disrepair The property was demolished to rid the Northeast neighborhood of an eyesore. In August of this year, the NNRO sold the property to Custom Homes by Petty. Custom Homes by Petty purchased the property to build a new market-rate single-family home. The NNRO Board of Directors fully supports this proposal. Custom Homes by Petty then wermi~fore 13 SouBth Bend Avenue. oThe Bsulancegof a Department to pull a building p building permit was denied due to the current zoning of the property. It was at that time that all of us found out that the P had assumed thee propertyTwas zo nd SF 2 asBthat~had well as Custom Homes by Petty, been the use of the property for over 50 years. Therefore, this request is made for a special exception to allow for the construction of a new single-family market-rate home in an area zoned MF 1. The granting of this petition will not be injurious to the health and welfare of the Northeast neighborhood. It will, instead, be a part of the continuing revitalization of the Northeast neighborhood. In addition, the values of the properties around the site at 813 South Bend Avenue will not harmed by this use as it is a complimentary use to the predominant neighborhood use of properties as single-family homes. Lastly, if the special exception is not granted, the Neighborr orks® continued revitalization of the Northeast neighborhood will be impeded and the current zoning will allow for a higher density than desired by the neighborhood. In addition, SBHF staff, acting on behalf of the NNRO, recently met with the staff of the Area Plan Commission to discuss this zoning. It was agreed that the highest and best use of the properties along South Bend Avenue was SF 2 and not MF 1. At the next meeting of the NNRO, a discussion will be held to determine the best method for rezoning South Bend Avenue. Thank you very much for your attention to this request for a special exception to allow for the construction of a new market-rate single-family home at 813 South Bend Avenue. Sincerely, Charlotte B. Sobel Director of Development & Special Projects BOARD OF ZONING APPEALS . OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME Custom Homes By Petty PHONE 574/876-4310 ADDRESS 129 Napoleon Street, South Bend, IN, 46617 ADDRESS OF PROPERTY 813 South Bend Avenue and Adjacent Vacant Lot PRESENT ZONING OF PROPERTY MF-1 OWNER'S NAME Custom Homes By Petty PHONE 574/876-4310 ADDRESS 129 .Napoleon, South Bend,IN, 46617 COUNSEL OR CONSULTANT Charlotte Sobel, South Bend Heritage Foundation ADDRESS 803 Lincolnway West, South Bend, IN, 46616 PHONE 574/289-1066X214- NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Custom Homes by Petty is seeking a special exception to build a single-family home on a property currently zoned MF-l. On August 21, 2007, Custom Homes by Petty purchased the property at 813 South Bend Avenue, South Bend, IN, 46617 from the Northeast Neighborhood Revitalization Organization (NNRO) for the purpose of constructing and selling a new single-family home. The NNRO had purchased the property from the University of Notre Dame on October 22, 2004 as part of its Northeast neighborhood revitalization activities, which include purchasing deteriorated and vacant properties. The NNRO demolished the property at 813 South Bend Avenue and held the property until such time as neighborhood revitalization activities interested a private developer(s). At the time of the original purchase, an assumption was made by the NNRO that the land was zoned single- family as that had been its prior use for over 50 years. Custom Homes by Petty desires to build a new market-rate single-family home on the property. The home will be approximately 2,000 square feet, will have a wrap around front porch and will have a two car garage accessed from the rear alley. All single-family yard setbacks will be met with the proposed siting of the house on the lot(s). The predominant use of the existing homes on South Bend Avenue is single-family. The proposed use of 813 South Bend Avenue will aid in improving neighborhood values and therefore will not be injurious to the public health and welfare. The proposed use will assist in increasing neighborhood property values as it will convert an empty parcel of land into a site for a new single-family home. The proposed home will be compatible with the plans for the "Triangle", Eddy Street Commons as well as the new homes constructed in the Northeast neighborhood by private developers acting on behalf of the NNRO. In addition, the design, with its 5/12 pitched roof, wrap-around front porch, use of exterior materials, etc. will assist in strengthening the Northeast neighborhood's architectural character. The use in not incompatible with the City of South Bend's plans for the redevelopment of the Northeast neighborhood, as cited above. I attest under the penalties for perjury, that the foregoing representations are true. Signature of P ope ty Owner Keith Petty Custom Homes by Petty SHEET ~ OF LOTS?&8 C.L. HODSON'S SUBDIVISION OF LOTS NUMBERED 24, 25 AND "A" IN SORIN'S FIRST ADDITION PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA ~~~ ~~ P~, ~~' ~~ h •'~~ DQO~PA ~ s1~ t9. N W E S ~`~~'~ o ~ `r~0 ~~ •, 25.7' ~a. ~,o o• ~'Se~ (n ~ o ~, ~ ~PG ~ ,~ ~ GP ~ Q O 10 ~ ~~ ~~ •OS r\ ~ O ~ ~ ' ~ a 9~ ~ '~- ~ ~ Q ~ , I 16~ JA /` ~ Jh~ ~ ~ CO ' ~ U Q ~o W to m ~ ~ ~~ ~ o~ ^ ~ w >. I / ~ v7 ~ ~ ~ z Q/ ~~P ' LOT 7 ~ to ~ 55.0' ° ~ ~ ,~ ~o• ~ G 5~ r- ~ ~ W m p ~ ~ I /~Jp. ~'> Z ~ ~ ~``\\~ M ~ 1V'` N ~ ~ O , ~ (n ~ 1pc1 ~ h LOT 8 ,,~ ~Dc~ h V 6c,~ ~~~0 ~~ ~ ~~ ~p NOTES: 1. FRONT & SIDE YARD SETBACK DIMENSIONS SHOWN ARE MEASURED TO HOUSE FOUNDATION. 2. CONTRACTOR SHALL NOT PROCEED WITH ANY EXCAVATION OR CONSTRUCTION ACTIVITY UNTIL ALL PERMITS ARE OBTAINED. 3. THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT. FOR ACTUAL DIMENSIONS, SEE THE RECORDED FINAL PLAT. APPROX. 27 'FROM THE R/W APPRO X. 'FROM THE CURB DING PERMITS ONLY ®~ ABONMARCHE CONSULTANTS, .L.L.C. 750 Lincoln Way East Fort Woyne, Indiana USTOM HOMES BY PETTY South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 )4/07 ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES DATE: 08/30/07 DWG NAME: ZONING: RESIDENTIAL SCALE: 1"=30' SEC. 1-T37N-R2E SEPTIC APP. #: N/A L O W Z O 1 0 ~J1~ m i O O r~``~ BOARD OF ZONING APPEALS Of The city of South Bend PETITION APPLICANT'S NAME -Stephen Kiwi & Pauline Kieme PHONE 574 299 0767 ADDRESS:$240 Miami Street South Bend Indiana 46614 ADDRESS OF PROPERTY 1126 Victory_,Ave South Bend Indiana 46615 PRESENT ZONING OF PROPERTY::SF] District OWNER S NAME :Stephen Kiai &Pauline Kieme PHONE 574 299 0767 ADDRESS 5240 Miami St South Bend 46614 COUNSEL OR CONSULTANT PHONE ADDRESS Seeking a. Special $xception 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 caregivers living in theproperty. The proposed will not inure or adversely affect the use of the adiacent area of the property values therein because this is generally homelike setting lust 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 property 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) ~~,~~ ~ cQm ~ ~~~ e~h~ ~~ ~~~ ~ ;~ ~, -- n ~__ s~~~~- 1''Sa~'- - - : I I ~ I __ . ~ _.. _. _ _ -----+ __..1_._. _ ~ ; _._,I ._. . i __ ._ _.. j_.. ~ ~ . ... .~-- i ~ I . ~; ~~ ~= i _~__1_-- ;; ,~ -~- . i I i I ; BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette $lvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October 19, 2007 The Honorable Common Council of the City of South Bend 4th Floor, Colmty-City Building South Bend, Indiana 46601 RE: Petition for Special Exception to allow a single family residence in a "MF1"District On property located at 813 South Bend Avenue. This property is zoned "MF1" Dear Council Members: The above referenced petition of Custom Homes by Petty was legally advertised on October 4, 2007. The Board of Zoning Appeals gave it a public hearing on October 18, 2007, at which time the following action was taken: Upon a motion by Mr. Hoban, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception to allow a single family residence, on property located at 813 South Bend Avenue, is sent to the Common Council 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 CUSTOM HOMES BY PETTY (single family in "MF1") SPECIAL EJiCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTI-I BEND, INDIANA FINDINGS OF FACT 1 . TI-IE PROPOSED USE WILL NOT BE INJURIOUS 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 INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPEP~TY 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 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. 'l'HE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C'OttIPREHENSIi'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 18TH Day of OCTOBER, ?007. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSEl~'T DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON