HomeMy WebLinkAboutSpecial Exception - 2720 Mishawaka Ave - Turners of MichianaRESOLUTION y
3627-06
Passed by the Common Council of the City of South Bend, Indiana
August 28 06
20
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
August 29,
~~~ City Clerk
2r, 06
President of Common Council
Approved and signed by me Au¢us ~ 30 _ '~pQ~.
City Clerk
RESOLUTION NO. ~ ~Z-7-0~
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
2720 MISHAWAKA AVE., SOUTH BEND, INDIANA
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 Boazd of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Boazd 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 Boazd 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: 2720
Mishawaka Ave., South Bend, Indiana, 46615
in order to permit a Fraternal Organization in a Mixed use zone.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the South Bend Boazd 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; 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 and approval by the Mayor.
Member of the Co on Council
PRESENTED g~~-dSo
NOT APPROVED
ADOPTED (~_Z-c~'l~
Cleric's Ofii~ce
Filed In
~~,` A~ 2 3 2000
JOHN VSO RBA 0, lN.
Ctf'( C~BRK,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06-74 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 2720 MISHAWAKA AVE., 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 and with the stipulations as follows:
The petitioner needs to record the conditions established by the BZA.
Any renter or purchaser of the property will have to go through the BZA to obtain a
special exception for a fraternal organization.
Karen L. White
Chairperson
BOND OF ZONING APPEALS
OF
• THE CITY OF SOUTH BEND
~~ri
APPLICANT' S NAME fiurners of Michiana PHONE 57t~ - 289 - 4335
ADDRESS 2720 Mishawaka Ave. South Bend, Indiana l~6615
ADDRESS OF PROPERTY same as above
PRESENT ZONING OF PROPERTY ?~'Iixed Use
OWNER' S NAME Ronald Pavek PHONE 57~ - 277 - 8122
ADDRESS 22I97 Sandybrook Dr. South Bend , Indiana
COUNSEL OR CONSULTANT N 2~A
ADDRESS
PHONE
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:.
We are seeking a •ariance from the required 80 parking spaces to I6 spaces
Seeking a special exception to allow Fraternal organization in mixed use zoning
I attest under the penalties for perjury, that the foregoing representations are
true.
uC L ~-
Signature of rop rty Owner(s)
BOARD OF ZONII~TG APPEALS
SOUTH BEND, INDIANA
We are a small fraternal organization "Turners of Michiana "currently with a membership
of 47. We are a family oriented club providing Social, Cultural, and Athletic opertunities to its
members, both young and old.
Turners has been a member of this community since its founding, and first club opened back
in 1861. Their first club was located on north michigan st, and remained there until the property
was taken by condemnation by the city. We then moved to a piece of property on the corner of
Ironwood, and the Toll Road, and resided there until financial ruin closed the club. We aze trying
to make a come back since that facility closed, and thanks to the generosity of one of our
members, Mr. Ron Pavek, who owns the properly we have been given a second chance at this
location.
We feel the changes we are requesting will in no way adversely affect the adjacent areas, or
property values therein. We will be making no physical changes to the property or building.
The proposed use will be consistent with the character of the district in which it is located,
and the land uses authorized therein. There are small businesses on both sides and across the
street from our club. We blend in nicely with the community
These changes will not be injurious to the public health, safety, comfort, community moral,
standards, convenience or general welfaze. Again we aze making no physical changes to the
property, it will look the same as before.
The proposed use is compatible with the recommendations of the city of South Bend.
William F. McLochlin
Duector4 of Finance
Turners of Michiana
~~ 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 hearing in the Council Chambers on the 4"' Floor of the County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana on the_ _ _ I~ day of June ~~~~
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
Turners of Michiana
SEEKING: A special exception to allow a Fraternal organization in .a mixed use zone
:Z6
on certain real estate in the City of South Bend.
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: ~'l20 Mishawaka Ave South Bend, In 116615
AND IS LEGALLY DESCRIBED AS: West half of lots # I811 & I85 2728 - 2722
Mishawaka Ave. South Bend , In !16615 Key # O18 - 6038 - I2I7 SB Portage
Misc. 9- I7B Sec 17 T 37 N R 3 E
Any person desiring to oppose or support said petition will be heard at that time.
Dated this~~~day of Q
~' ~ 9 BOARD OF ZONING APPEALS
// ~~-~ ~ OF THE CITY OF SOUTH BEND
w q~ ~~
_~ ~ A ' e O
Carolyn A. ,Secretary to th oard
TO TI~E~ F~1~4~TTt'~N :,~~i our responsibility to complete this form correctly and deliver it to the Secretary
of the Bo ~~ nir~g als with the other papers at the time of original filing. Once it is signed by the
Secretary, then ' r 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 beheld. Proof of publication must be
presented to the Board at the time of public hearing.
NAMES AND ADDRESS OF PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY
f~
Douglas and Beth Harsch 833 S. 28~' St. South Bend, In. 46615
Shawn P. Keswick 837 S 28~' St.. South Bend, In 46615
Andrew G. Sobol 843 5.28x'' St. South Bend, In 46615
Bankers Trust of Calif. 575 Penn. St. Indpls, In. 46204
Tim Warren & Assoc. 2701 Mish. Ave. South Bend, In., 46615
1St Source Bank Att. T. Taylor P O Box 1734 Mishawaka, In. 46546
Donald Schaal '2709 E. Mish. Ave South Bend, In. 46615
Earl K. Morgan 2713 Mish. Ave South Bend, In. 46615
Richard E. Poikus 2717 Mish. Ave South Bend, In. 46615
Amy A Pajakowski 845 S. 28~' St. South Bend, In. 46615
G L & Maryellen Fetherolf 2721 Mish. Ave. South Bend, In. 46615
Geo. & Doris Schrop 834 S. 28`E' St. South Bend, In. 46615
Craig Sherwood 840 S. 28`~ 5t. South Bend, In. 46615
Christian Camargo 844 S 28~' St. South Bend, In. 46615
Eugene & Alice Sayer 2801 Mish. Ave. South Bend, In 46615
Kenneth R. Gean 2805 - 2807 Mish. Ave South Bend, In. 46615
Maps Real Estate Mgr. LLC P O Box 463 South Bend, In. 46624
Windsor Properties LLC 117 s. Main St. Mishawaka, In. 46544
Linda Paschke 841 S. 29`'' St. South Bend, In. 46615
Jane Strom 17642 Parrish Ct. South Bend, In. 46635
Lais & Hubert Larson 841 S. 29'~ St. South Bend, In. 4661 S
Jodi L Martin 2819 Mish. Ave. South Bend, In. 46615
Jennifer L. Geisleman 2821 Mish. Ave. South Bend, In. 46615
David A Nufer 724 W. Edison Rd. Mishawaka, In. 46545
River Park Health Care LLC 2201 W. Main St. Evanston, Ill. 60202
Aaron & Courtney Patterson 925 S. 27"' St. South Bend, In. 46615
Calet Partnership 504 N. Calhoun Mishawaka, In. 46545
Michael & Rence Heffner 617 S. 23`x. St. South Bend, In. 46615
Emro Marketing Co. 539 S. Main St. Findley Oh. 45840
Richard & Teresa Lamirand P O Box 10211 Van Nuys, Calif. 91499
T»stin-Harris-&-I~atr~na~ones 926-27`~ St,. ~auth BendTIn 46615
Richard & Joan Kencaid 930 27~' St. South Bend, In. 46615
Robert S. Mason 934 27`x' St. South Bend, In. 46615
Larry & Peggy Korlowicz ~ 938 S. 27"' St. South Bend, In. 46615
Stoyan Stoyanov 18844 Lincoln Hwy. Plymouth In. 46563
Dwight & Linda Zimmerman 17520 Starlite Dr. South Bend, In. 46614
Erichard & Sharon Hendrickson 915 S. 28`'' St. South Bend, In. 46615
Larry Rosina Cannon 923 28`~ St South Bend, In. 46615
Jean M. Reed 925 S. 28`x' St. South Bend, In. 46615
4
Wm. And Janet Cannon 935 S. 28"' St. South Bend, In. 46615
Melinda J. Elliott 939 S,. 28`~ St. South Bend, In. 46615
Louis &Louella Gyorgyi 2918 Wall St. South Bend, IN. 46615
Louis &Louella Gyorgyi 2918 Wall St. South Bend, In. 46615
Anthony & Darcy Heckman 2904 Mish. Ave. South Bend, In. 46615
Dorrine F. Johnson 914 N. 28"' St. South Bend, In. 46615
Genevieve A. Watson 918 S. 28~' St. South Bend, In. 46615
Carrie A. Windsor 926 28"' St. South Bend, In. 46615
Danny & Billie Wolfe 930 S. 28~' St. South Bend, In. 46615
Michelle Carter 936 S. 28"' St. South Bend, In. 46615
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
July 21, 2006
The Honorable St. Joseph Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
BZA 7/20/06
The petition of Turners of Michiana seeking a Special Exception to allow a fraternal
organization in a "MU" Mixed Use District
Dear Council Members:
The above referenced petition of Turners of Michiana was legally advertised on June 1, 2006.
The Board of Zoning Appeals gave it a public hearing on July 20, 2006, at which time the
following action was taken:
Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carved,
the petition for Special Exception to allow a fraternal organization in a "MU" Mixed Use
District, on property located at 2720 Mishawaka Ave., 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,
z4~
Donald F. Fozo, C.B.O.
Building Commissioner
DFF/cah
TURNERS OF MICHIANA
(fraternal organization in "MU")
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE 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 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 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 COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and maybe
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 20"' Day of July, 2006.
YES NO
® RICHARD KILBASE
® CHRISTOPH HOFFMAN
® DAVID SASSANO
ABSENT MAURICE HOBAN
® ELONDA WILDER-HAMILTON
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 40001
(574) 235-9554
Fnx: (574) 235-5541
June 16, 2006
Turners of Michiana
2720 Mishawaka Avenue
South Bend, Indiana 46G 15
RE: Petition for variance
BZA 6/15/06
This letter is to inform you that the Board of Zoning Appeals held a public hearing on your
petition seeking a Special Exception to allow a fraternal organization in a "MU" Mixed Use
District and a variance from the required 80 parking spaces to 16 spaces on property located at
2720 Mishawaka Avenue, zoned "MU" Mixed Use.
At your request a motion was made and seconded and unanimously carried to table this petition
to the July 20, 2006 meeting.
If you have any questions regarding this matter, please feel free to contact this office.
Sin ere y, ~i
~•
~, ~ / r~ ~
~~ ~~~
Rebecca K. Neese
for Carolyn A. Henry
Secretary to the Board
rlai
cc: Ronald Pavek
F11ed In C(erk's Office
JUfd 1 9 ~i
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
Surveyor Location Report
HORNE & DUNN'S 1st SUBDIVISION
IN RIVER PARK
WEST HALF OF LOTS #~ 184 & ~ 185
2718-2722 MISHAWAKA AVENUE
SOUTH BEND, INDIANA
FOR:
RONALD PAVEK
This report was prepared ~/without a copy of the Title Insurance
Policy and may be subject to other restrictions contained thereon.
This drawing conlorms with the Surveyor Location Report minimum
requirements as certified on page two of this report. Any
encroachments are specificolly noted above. This report is of
limited accuracy and should not be used for construction or for
establishing boundary or fence fines. ,
NOTE:
1. BUILDING ON OR NEAR
PROPERTY LINE.
LEGEND:
® ASPHALT
T}{E PRIMARY STRUCTURE
SHOWN ON THIS DRAWING
{SNOT IN A FLOOD
HAZARD AREA.
~ ~ ~~ ~
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* 5-0523 ~"
STATE Q8
Registered Lond Surveyor
Cr~~ks~c~c 1Vlor~tgag~ S~rv~ys, ~xlc.
715 South Michigan Street South Bend, Indiana 9('Ei01
Phone (574) 255-6556 T'ax (574) 674-0374
Dote Drawn By ~ Drawing No.
Scale
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18-6038-1217
tnfortnation shown on this map is nat warranted for
eccurary or merchantability. Reproduction
of this material is not possible without written
permission of St. Joseph County, Indiana.
Scale 1:100
N Date Printed; March 23, 2006
- Pholography:Spring 2002
Prepared by: Raylane Stuglik
W ESL Joseph County Auditor's Once
227 W. Jefferson Blvd.
South Bend, Indiana 46601
S Phone: (574)2359463
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Office of the City Clerk
John Voorde, City Clerk
August 16, 2006
Mr. William McLochlin
Turners of Michiana
2720 Mishawaka,lN 46615
Dear Mr. McLochlin,
The South Bend Common Council held a public hearing on August 14, 2006 on your
request for a special exception for the property 2720 Mishawaka Ave. After numerous
attempts before that meeting to contact you or Mr. Pavek to attend the Committee
meeting and the Council meeting, the Common Council continued your petition until
their next meeting which will be on August 28, 2006.
You will need to attend both the Zoning and Annexation Committee, meeting which will
be in the afternoon of the 28th and also the evening Common Council meeting which is at
7:00 p.m. The afternoon meetings are scheduled at different times and you will need to
call our office at 235-9221 on Friday, August 25th to see what time you will need to
attend or call us with a phone number where you can be reached during the day.
If you have any question please call and speak with Janice Talboom, Deputy City Clerk.
Sincerely, _
John Voorde
City Clerk
cc: South Bend Common Council
Don Fozo, Building Department
455 County-City Building •227 W. Jefferson Blvd •South Bend, Indiana 46601 .574/235-9221 •Fax 574/235-9173 • TDD 574/235-556?
Mary Beth Wisniewski Janice Talboom Winona Hays
Chief Deputy Deputy Ordinance Violation Clerk