HomeMy WebLinkAboutSpecial Exception - 1323 & 1329 N. Ironwood Drive - Gregory & Alice AldridgeRESOLUTION
3634-06
Passed by the Common Council of the City of South Bend, Indiana
September 11, 06
Zo
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 12,
06
20
Approved and signed by me Sept~r~be r 12, 20 06
City Clerk
RESOLUTION NO. ~ ~° 3 ' -~~
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
(1323 AND 1329 NORTH IRONWOOD DRIVE, 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 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 1.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:
(1323 AND 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for off-site parking useage for 1323 and 1329 North Ironwood
Drive, South Bend, Indiana per Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance.
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.
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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;
The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
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 Com n Council
pRrs. 9 -1t-off
NOT APPRfO
p~eFr~~'~-~ - ~ - t ~-off
Fited In Clerk's Office
J U L 1 8 2006
JOHtJ VOORDB
CITY CLr:RK, S0. D~ND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06-83 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 1323
AND 1329 NORTH IRONWOOD DRIVE, 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 a favorable recommendation.
Karen L. White
Chairperson
/~-~ Uanch, f-/arner ~ ~I ssociates, Inc.
MICHAEL .1. RANCH, L.A.
RON I'1ARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend Indiana 46601
Land Surveyors Professional Engineers
Landscape Architects Land Planners
July 25, 2006
RE: Special Exception Petition for Gregory & Alice Aldridge
of 1323 North Ironwood Drive, South Bend, Indiana, 46615
and Ironwood Family Dentistry of 1329 North Ironwood Drive,
South Bend, Indiana, 46615;
Dear Council Members:
Our clients are requesting the approval of a Special Exception
for their properties located at 1323 and 1329 North Ironwood Drive,
South Bend, Indiana. This Special Exception will allow for the use
of existing off-site parking to service an existing Dentist Office
and a new office building for an Insurance Agency and a Detective
Agency. The new office building is replacing a structure that
presently houses the Insurance and Detective Agency offices. The
properties are presently zoned "OB" Office Buffer District
classification.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing mixed uses along this portion
of Ironwood Drive.
If you have any questions concerning this matter, please feel
free to give me a call at 234-4003.
Sincerely,
Michael J. Danc
President
Ranch, Harner & Associates, Inc.
File # 060141 Md. "C"
1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237
~~ _ 4~ ~.~
c~ ~~
NO.
NOTIFIED
BOARD OF ZONING APPEALS
FILED_
20 HEARING
APPEAL
Applicant's Name: GREGORY & ALICE ALDRIDGE
Phone 232-9999
Address: 1323 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615
Applicant's Name: IRONWOOD FAMILY DENTISTRY
Phone 271-7500
Address: 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615
Address of Property: 1323 AND 1329 NORTH IRONWOOD DRIVE,
SOUTH BEND, INDIANA 46616
Present Zoning of Property: "OB" OFFICE BUFFER DISTRICT
Owner's Name: GREGORY & ALICE ALDRIDGE
Phone 232-9999
Address: 1323 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615
Owner's Name: IRONWOOD FAMILY DENTISTRY
Phone 271-7500
Address: 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615
20
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Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 COMN~RCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE BOARD OF ZONING APPEALS FOR
THE CITY OF SOUTH BEND, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
1323 AND 1329 NORTH IRONWOOD DRIVE,
SOUTH BEND, INDIANA 46615
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST:
A). Special Exception Request: PARCELS "A" & "B"; A). Approval of a
Special Exception as allowed under Section 21-07-04 (c) 3 of the City of
South Bend Zoning Ordinance to allow for Eight (8) off-site parking
spaces for PARCEL "A" on PARCEL "B" and the continuation of previously
approved Special Exception/Variance for Parcel "B" for Sixteen (16)
existing off-site parking spaces, Eight (8) of which will be leased to
owner of Parcel "A";
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VARIANCE REQUESTS:
PARCEL "A":
1). A Variance from the minimum required 24 ft. wide access driveway
from Ironwood Drive along the North property line (shared driveway
between Parcels "A" and "B" to a minimum width of 22 feet;
2). From the requirement of no structures in the 15 ft. wide Residential
Buffer-yard along the South property line to a minimum of 1 ft. to allow
for parking spaces and a 6 ft. high Vinyl Screening fence;
3). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the North, West
and South property lines to a minimum of one tree on the South property
line and from the requirement of providing a Type "B" landscaping along
the South property line to being allowed to use a 6 ft. high Vinyl fence
for screening.
4). From the requirement of providing a minimum of 18 parking spaces for
a 5,000 square foot proposed office building (i.e. 3.5 spaces per 1,000
square foot of gross floor area) to 14 spaces, 6 on-site and 8 leased
off-site.
PARCEL "8":
1). A Variance from the minimum required 24 ft. wide access driveway
from Ironwood Drive along the Southeasterly property line (shared
driveway between Parcels "A" and "B" to a minimum width of 22 feet;
2). From the requirement of no structures in the 15 ft. wide Residential
Buffer-yard along the South and West property lines to a minimum of 1
ft. along the South property line to allow for parking spaces, an
enclosed dumpster and a 6 ft. high Vinyl Screening fence and to 1 ft.
along the West property line to allow for an existing 6 ft. high Vinyl
Screening fence;
3). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the North, East,
West and South property lines to the existing landscaping as shown and
to no landscaping along the Southeasterly and Easterly property line
shared with Parcel "A";
4). From the requirement of providing a Type "B" landscaping along the
West and South property lines to being allowed to use a 6 ft. high Vinyl
fence for screening.
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THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1323 and 1329 North Ironwood
Drive, South Bend, Indiana 46615.
The Petitioners are the owners of the real estate parcel shown on
the attached site plan and as shown in the records of the St. Joseph
County, Indiana Auditor's office. The Petition property presently has a
Zoning classification of "OB" Office Buffer District. The owner of
Parcel "A" desires to raze the existing building and construct in its
place, a 1-story 3,000 square foot office building with a 2,000 square
foot basement. The reason for the new building is that the existing
structure does not function well for the present use, which are an
insurance office and a detective agency. The new building will allow for
efficient use of the proposed square footage and also allow an area for
storage of files. The new building will be placed closer to Ironwood
Drive and the existing paved area in front of the building will be
removed. Parking spaces will be placed behind the building in the
renovated existing parking area as shown on the attached site plan.
The Petitioners understand that in order to allow for the
construction of the new office building, a Special Exception is required
for off-site parking for the Parcels and Variances are also required for
both Parcels "A" and "B" to allow the development to be constructed as
shown.
In regards to the Special Exception to allow for off-site parking,
the Petitioners would state that previously, Parcel "B" was granted
approval to be allowed to have off-site parking for the use on the
Eastern portion of Parcel "B" which is a Dentist office. This off-site
parking was approved back in 2003. The off-site situation occurred
because the area, which presently has the majority of the parking
spaces, is separated from the property where the Dentist office building
sits by a 20 ft. wide public alley. At the time of the request, Dr.
Russell A. Murphy, the Dentist asked to be allowed to construct a lot
which contained 16 parking spaces, besides the 5 spaces he had adjacent
to the building. Now in 2006 he would state that in his 2003 petition he
had over-estimated on the number of spaces required for his office, and
that based on the past several years of his practice, he can allow up to
8 spaces to be leased without causing any parking problems for his
Dental office. Included with this petition is a letter from Dr. Russell
A. Murphy the Petitioner/Owner of Parcel "B" stating the above over-
estimation. Also included with this petition is an agreement to allow
for the lease of up to 8 spaces to the owner of Parcel "A". The request
for approval of the Special Exception is due to existing conditions on
site, one of which is that the properties are presently zoned "OB"
office Buffer District, and second that the property where the extra
spaces are located are separated from the building sites by a public
alley. Since the alley is being used by the adjacent owner to the south
and vacation of said alley would be difficult at best, the request for
approval of the Special Exception under said zoning classification
appears to be the best way to allow for the additional parking. The
Petitioners would ask the Board Members to agree that approval of the
Special Exception to allow for off-site parking for the shown Parcels,
would not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare, or injure or
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adversely affect the use of the adjacent area or property values
therein, and that the proposed use will be consistent with the character
of the district in which it is located and the land uses authorized
therein, and that 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).
With regards to the Variance requests for Parcel "A", the first Variance
request to allow a Variance from the minimum required 24 ft. wide access
driveway from Ironwood Drive along the North property line (shared
driveway between Parcels "A" and "B" to a minimum width of 22 feet. The
Petitioners would state that they are re-aligning the existing driveway
and actually increasing its width from approximately 18 feet to 22 feet.
There will be no parking spaces accessing this driveway directly and the
Petitioners desire to leave some area for landscaping along the facades
of the building. They do not believe approval to a width of 22 feet
would be detrimental or have an adverse affect. The second Variance
request from the requirement of no structures in the 15 ft, wide
Residential Buffer-yard along the South property line to a minimum of 1
ft. to allow for parking spaces and a 6 ft. high Vinyl Screening fence
is based on the fact the existing pavement for the parking area has been
in place for the past several years. The Petitioners are asking to be
allowed to fix the parking area with new asphalt and re-stripe the
spaces. They also desire to place a 6 ft. high vinyl fence along a
portion of the South property line to add an additional buffer to the
property to the South. The existing wood fence will be removed. The
Petitioners believe the requested improvements will be more attractive
than the present fencing. The third Variance request, from the
requirement of providing perimeter landscape deciduous trees at a
minimum spacing of 40 feet on-center along the North, West and South
property lines to a minimum of one tree on the South property line and
from the requirement of providing a Type "B" landscaping along the South
property line to being allowed to use a 6 ft. high Vinyl fence for
screening. This request is due to the fact that there is a shared
driveway along the North property line, a paved public alley along the
West property line and parking area along a portion of the South
property line that is existing and would make placing any landscaping in
those areas. The Petitioner would state they are placing new landscaping
along the building facades and are placing trees in front with a tree at
the Southeast corner of the site. They would hope that this new
landscaping meets the intent of the ordinance and that approval of this
Variance would not have a detrimental affect on surrounding properties.
The fourth Variance request, from the requirement of providing a minimum
of 18 parking spaces for a 5,000 square foot proposed office building
(i.e. 3.5 spaces per 1,000 square foot of gross floor area) to 14
spaces, 6 on-site and 8 leased off-site. The Petitioners would state
that due to the nature of the uses in the building, an Insurance office
and a Detective agency, there is limited clientele at the offices for
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meeting purposes. A large percentage of the business is conducting
outside the offices. The Petitioners would also state that portion of
the building would be used for storage of files . The Petitioners would
ask that a Variance for 4 parking spaces is reasonable for this type of
development and that approval of this Variance would not be detrimental
or have an adverse affect on surrounding properties.
With regards to the Variance requests for Parcel "B", the first
Variance request to allow a Variance from the minimum required 24 ft.
wide access driveway from Ironwood Drive along the North property line
(shared driveway between Parcels "A" and "B" to a minimum width of 22
feet. The Petitioners would re-state as mentioned above, that they are
re-aligning the existing driveway and actually increasing its width from
approximately 18 feet to 22 feet. There will be no parking spaces
accessing this driveway directly and the Petitioners desire to leave
some area for landscaping along the facades of the building. They do not
believe approval to a width of 22 feet would be detrimental or have an
adverse affect.
The second Variance request from the requirement of no structures
in the 15 ft. wide Residential Buffer-yard along the South and West
property lines to a minimum of 1 ft. along the South property line to
allow for parking spaces, an enclosed dumpster and a 6 ft. high Vinyl
Screening fence and to 1 ft. along the West property line to allow for
an existing 6 ft. high Vinyl Screening fence. The request for the
Variances to allow for the Vinyl fence along the West property line and
for the pavement and shown parking spaces to be allowed to be within 1
ft. of the South property line is due to the fact that these structures
are existing and have been for the past several years. The Petitioners
would ask to be allowed to let the structures remain as the fencing
provides a buffer for the property to the West and the pavement, parking
and fencing should not be detrimental to any surrounding property. The
request to allow the dumpster, and it's enclosure into the buffer-yard
along the South property line and be allowed to place Vinyl fencing on
the South line again should not be detrimental as the dumpster will be
enclosed and its location is away from any adjacent structure.
The third Variance request, from the requirement of providing
perimeter landscape deciduous trees at a minimum spacing of 40 feet on-
center along the North, East, West and South property lines to the
existing landscaping as shown and to no landscaping along the
Southeasterly and Easterly property line shared with Parcel "A". The
reason for the request of no landscaping along the Southeasterly and
Easterly shared property line is to allow for the existing pavement and
proposed re-aligned driveway. Approval of this should have no
detrimental affect on surrounding properties. The request for no
perimeter landscaping to existing landscaping along the West, North and
East property lines, is that the Petitioner has placed several evergreen
and small ornamental trees along with shrubbery and flowers within said
yards. The existing landscaping presently provides aesthetics for the
dental facility. The Petitioner would hope that the Board
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Members agree and that approval of this variance would have no
detrimental affect on any surrounding property.
The fourth Variance request from the requirement of providing a Type
"B" landscaping along the West and South property lines to being allowed
to use a 6 ft. high Vinyl fence for screening. The Petitioner would re-
state as mentioned above, that there were several evergreen trees placed
on-site with other landscaping. That the existing Vinyl fence was placed
to create a buffer from the adjacent properties to the existing parking
spaces. The Petitioner would hope that with the existing fencing and
landscaping the Board agrees the intent of the ordinance has been meet
and that approval of this Variance would have no adverse affect on
adjacent properties.
The Petitioners believe that approval of the above Special Exception and
Variances for this proposed and existing use will not be detrimental to
adjacent properties, nor will it adversely affect the surrounding
property values.
The Petitioners would ask the Board Members to agree that approval of
the above described Special Exception and Variances will not have a
detrimental affect for this area, nor would the property values,
public's health, safety, morals, or general welfare be adversely
affected.
The Petitioners contend that the strict application of the terms of
the Zoning ordinance will constitute an unusual and unnecessary hardship
as applied to the property for which the Variances and Special Exception
are sought: that the need for the Variances and Special Exception arises
from such condition peculiar to the property in the same Zone: and that
the use or value of the area adjacent to the property described in the
petition for the Variances and Special Exception will not be injurious
to the public health, Safety, morals, or general welfare of the
community.
I attest, under the penalties for perjury, that the foregoing
representations are true.
micnaei u. uancn
President
Danch, Harper & Associates, Inc.
Property Owners
Within 300 Feet
Ironwood Family Dentistry
1329 Ironwood Dr
South Bend, IN. 46615
Tax Key # 018 5148 5562
Ironwood Family Dentistry
1329 North Ironwood
South Bend, IN. 46615
Tax Key # 018 5148 5525
Gregory & Alice Aldridge
1323 N Ironwood
South Bend, IN. 46615
Tax Key # 018 5148 5524
Ironwood Green LLC
2640 Golden Gate Pkwy # 102
Naples, FL. 34105
Tax Key # 018 5148 5526
Ironwood Green LLC
2640 Golden Gate Parkway # 102
Naples, FL. 34105
Tax Key # 018 5148 5531
TGM Properties LLC
117 S Main St.
Mishawaka, IN. 46544
Tax Key # 018 5148 5536
Jamie Lee 8~ Danielle Marshman
2009 Oak Park
South Bend, IN. 46617
Tax Key # 018 5148 5558
Ironwood Green LLC
2640 Golden Gate Parkway # 102
Naples, Florida 34105
Tax Key # 018 5148 5561
Cottage One Properties
1119 W 6th St
Mishawaka, IN. 46544
Tax Key # 018 5148 5565
Roy & Sharon Heater
11690 Anderson Road
Granger, IN. 46530
Tax Key # 018 5151 567401
Ironwood Green LLC
2640 Golden Gate Parkway # 102
Naples, Florida 34105
Tax Key # 018 5148 5529
Anthony Zappia
52582 SR 933 N
South Bend, IN. 46637
Tax Key # 018 5148 5534
Joann Wyman
2003 Oak Park Dr
South Bend, IN. 46617
Tax Key # 018 5148 5556
Rosemary Tran & Mai Thi Tuyet
2101 Oak Park
South Bend, IN. 46601
Tax Key # 018 5148 5559
Aman Alkattan
53247 Skylark Ct
South Bend, IN. 46635
Tax Key # 018 5148 5567
Mark 8~ Susan Cantanzarite
2022 Oak Park Dr
South Bend, IN. 46617
Tax Key # 018 5148 5564
Amiya 8 Sumita Dey
1304 Rosemary Lane
South Bend, IN. 46617
Tax Key # 018 5151 567403
Ironwood Green LLC
2640 Golden Gate Parkway # 102
Naples, Florida 34105
Tax Key # 018 5148 5527
Joseph 8~ Tina Zappia
P.O.Box 6817
South Bend, IN. 46615
Tax Key # 018 5148 5532
Jamie Lee & Danielle Marshman
2009 Oak Park
South Bend, IN. 46617
Tax Key # 018 5148 5557
Rosemary Tran Mai Thi Tuyet
2101 Oak Park Dr
South Bend, IN. 46617
Tax Key # 018 5148 5560
Renato Z3< Aurora Santeusanio
2010 Oak Park Dr
South Bend, IN. 46617
Tax Key # 018 5148 5566
Patricia Huston Patricia Haden
1310 Rosemary Ln
South Bend, IN. 46617
Tax Key # 018 5151 567402
Raymond 8 Donnamae Schmidt
1303 N Ironwood Dr
South Bend, IN. 46615
Tax Key # 018 5151 5674
First Church of Christ Scientist CVS Corporation CVS Corporation
1237 N Ironwood P.O.Box 4900 P.O.Box 490Q
South Bend, IN. 46615 Scottsdale, AZ. 85261 Scottsdale, AZ. 85261
Tax Key # 018 5151 567501 Tax Key # 018 5153 569001 Tax Key # 018 5153 569002
Richard & Erica Broecker Harold Fabian ~ Sharon Womack
1625 Belmont Av 1306 N Ironwood Dr 2205 Union Avenue
South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615
Tax Key # 018 5153 5690 Tax Key # 018 5153 5730 Tax Key # 018 5153 5731
Jeffrey White
2209 Union St
South Bend, IN. 46615
Tax Key # 018 5153 5732
Arturo Cruz
2204 Union Av
South Bend, IN. 46615
Tax Key # 018 5153 5691
Daniel & Jacqueline Thornton
1242 N Ironwood
South Bend, IN. 46615
Tax Key # 018 5153 5692
Matthew & Laurie Sipe
1238 N Ironwood Dr
South Bend, IN. 46615
Tax Key # 018 5153 5693
Walter & Elna Mitchell
2216 Union
South Bend, IN. 46615
Tax Key # 018 5153 5729
Ernest & Cora Huskey
1232 N Ironwood
South Bend, iN. 46615
Tax Key # 018 5153 5694
Kevin Botka
1237 Congress Av
South Bend, IN. 46615
Tax Key # 018 5153 5728
Cy Chowattukunnel
1228 N Ironwood Dr
South Bend, IN. 46615
Tax Key # 018 5153 5695
I hereby certify that the aforesaid persons are owners of all adjacent
property, which may be affected by the granting of this appeal.
Michael J. Danch
President
Danch, Aarner & Associates, Inc.
7/15/2006
City Board of Zoning Appeals
South Bend Common Council
125 S. Lafayette Blvd Suite 100
South Bend, IN 46601
RE: Parking lot at 1329 N. Ironwood Drive, South Bend, IN 46615
Dear Sirs,
I am writing this letter to clarify my parking usage. In 2003 I overestimated our
parking needs. 10 spaces are not being used by my office.
Si cerely,
`c~
ussell A. M DDS
1329 N. Ironwood Drive
South Bend, IN 46615
I
~'arkYng Lease
This Rase was made on the 13`h day of June, 2006.
The Landlord hereby agrees to lease to the Tenant and the Tenant hereby agrees to Lease
frotrt the Landlord the Leased Premises described below pursuant to the terms and
conditions specified herein:
LANDLORD: Russell Mu h D.D.S
1329 N. Ironwood Drive
South Bcnd, IN 46615_
574-271-7500
TENANT: t~gg Aldridge. Aldrid a insurance
1323 N. lro wood Drive
South Bend IN 45615
574-232-9999
]. Leased premises. The leased premises are 8 parking spaces located on the
properly commonly known as 1329 N Ironwood Drive, South Bend, IN 46615,
whose legal description is: part of the Northeast Quarter of Section 6. Township
37 North, Range 3 east Portage Township, City of South Bend. St. Joseph County,
Indiana.
2. Term: The term of the lease shall be 10 years.
3. Rent: The tenant hereby agrees to pay $120.00.
4. Use of the [,eased Premises: The Leased premises may be used by the tenant
only for parking vehicles in connection with Aldridge Insurance /Greg Aldridge.
S. Restrictions oa Uses: The Ieased premises may be used by the tenant only.
6. Termination of Lease.
I~ VV I/VVZ
..vr •~+i ~vvv i . . ~~ i nn
7. Indcmnification of the Landlord: The Tenant shall defend, indemnify and hold
the Landlord harmless from and against any claims, loss, expense, or damage to
any person or property in or upon the Leased Premises, arising out of the Tenant's
use or occupancy for the Leased Prcmises, or arising out of any ect or neglect of
the Tenant or its servants, employees, agents or invitees.
In witness whereof the parties have set their hands and seals this 13°i day of June 2U06.
~~
Russell M .D.S.
Landlord
g Aldridge
Tenant
~JVVL/VVL
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND, INDIANA
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that the Board will hold a public hearing of Zoning
Appeals of the City of South Bend, Indiana, on Thursday, the 17th day of AUGUST,
2006, at 3:00 p.m. in the Council Chambers on the 4th Floor of the .County - City
Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by Gregory & Alice Aldridge of 1323 North Ironwood
Drive, South Bend, Indiana, 46615 and Ironwood Family Dentistry of 1329 North
Ironwood Drive, South Bend, Indiana, 46615, seeking the following;-
A). Special Exception Request: PARCELS "A" & "B"; A). Approval of a Special
Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend
Zoning Ordinance to allow for Eight (8) off-site parking spaces for PARCEL "A"
on PARCEL "B" and the continuation of previously approved Special
Exception/Variance for Parcel "B" for Sixteen (16) existing off-site parking
spaces, Eight (8) of which will be leased to owner of Parcel "A";
and the following Variance Requests:
PARCEL "A": 1). A Variance from the minimum required 24 ft. wide access driveway
from Ironwood Drive along the North property line (shared driveway between
Parcels "A" and "B" to a minimum width of 22 feet; 2). From the requirement of
no structures in the 15 ft. wide Residential Buffer-yard along the South
property line to a minimum of 1 ft, to allow for parking spaces and a 6 ft. high
Vinyl Screening fence; 3). From the requirement of providing perimeter landscape
deciduous trees at a minimum spacing of 40 feet on-center along the North, West
and South property lines to a minimum of one tree on the South property line,
and from the requirement of providing a Type "B" landscaping along the South
property line to being allowed to use a 6 ft. high Vinyl fence for screening.
4). From the requirement of providing a minimum of 18 parking spaces for a 5,000
square foot proposed office building (i.e. 3.5 spaces per 1,000 square foot of
gross floor area) to 14 spaces, 6 on-site and 8 leased off-site.
PARCEL "B": 1). A Variance from the minimum required 24 ft. wide access driveway
from Ironwood Drive along the Southeasterly property line (shared driveway
between Parcels "A" and "B" to a minimum width of 22 feet; 2). From the
requirement of no structures in the 15 ft. wide Residential Buffer-yard along
the South and West property lines to a minimum of 1 ft. along the South property
line to allow for parking spaces, an enclosed dumpster and a 6 ft. high Vinyl
Screening fence and to 1 ft. along the West property line to allow for an
existing 6 ft. high Vinyl Screening fence; 3). From the requirement of providing
perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center
along the North, East, West and South property lines to the existing landscaping
as shown and to no landscaping along the Southeasterly and Easterly property
line shared with Parcel "A"; 4). From the requirement of providing a Type "B"
landscaping along the West and South property lines to being allowed to use a 6
ft. high Vinyl fence for screening.
Properties are presently zoned "OB" Office Buffer District.
THIS REAL ESTATE IS COI~4iONLY DESCRIBED AS: 1323 and 1329 North Ironwood
Drive, South Bend Indiana 46615.
2
Said public hearing will be held as authorized by the applicable Zoning
Ordinances 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.
BOARD OF ZONING APPEALS OF THE
CITY OF SOUTH BEND, INDIANA
125 SOUTH LAFAYETTE BLVD.
SUITE 100
SOUTH BEND, INDIANA 46601
LV
Secretary to the Board
(574 235-9554
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
August 18, 2006
The Honorable St. Joseph County Council
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
BZA 8/17/06
The petition of Gregory & Alice Aldridge & Ironwood Family Dentistry seeking a Special Exception for
off site parking in an "OB" District
Dear Council Members:
The above referenced petition of Gregory & Alice Aldridge & Ironwood Family Dentistry was legally
advertised on August 3, 2006. The Board of Zoning Appeals gave it a public hearing on August 17, 2006, 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 for off site parking in an "OB"District, on property located at 1323 &
1329 N. Ironwood Drive, 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
ALDRIDGE 8z IRONWOOD FAMILY DENTISTRY
(OFF SITE PARKING)
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 al] 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 may be
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 17"' Day of August, 2006.
YES NO
ABSENT RICHARD KILBASE
® CHRISTOPH HOFFMAN
ABSENT DAVID SASSANO
® MALTRICE HOBAN
® ELONDA WILDER-HAMILTON