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HomeMy WebLinkAboutSpecial Exception - 505 E. BroadwayRESOLUTION 4148 -12 Passed by the Common Council of the City of South Bend, Indiana February 13, Attest: 12 20 Presented by me to the Mayor of the City of South Bend, Indiana February 14, 20 12 City Clerk President of Common Council Approved and signed by me I.zbaA✓h y 20� . City Clerk RESOLUTION NO. '� ( q y` ()— A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E.BROADWAY, 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; 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 Area 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 L The Common Council has provided notice of the hearing on the Petition from the Area 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: 505 E. BROADWAY STREET, SOUTH BEND, INDIANA in order to permit a Special Exception Use to allow for a community center and a reduction of the required seven (7) parking spaces to four (4) SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 Area 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. RESENTED NOY n!= ppc�icr' Aoori {r ���3 -LL of the Common Council TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E. BROADWAY, 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. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY AREA BOARD OF ZONING APPEALS PETITION a. PETITIONER'S NAME: South Bend Heritage Foundation, Inc. PETITIONER'S ADDRESS: 803 Lincoln Way West, South Bend, IN 46616 PETITIONER'S PHONE: (574) 289 -1066 b. LOCATION OF THE PROPERTY: 505 E. Broadway Street, South Bend, IN 46601 c. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST; The petitioner requests a special exception use to allow for a community center and a reduction of the required seven (7) parking spaces to four (4). South Bend Heritage Foundation is rehabilitating all of its 54 affordable units at New Heritage Homes Southeast (NHHSE) with funding received through the Low Income Housing Tax Credits. Part of the requirement is to establish a community center for the residents. The property at 505 E. Broadway is adjacent to, and contiguous with, the NHHSE. The zoning, SF 2, allows for Neighborhood Partnership Centers. Although this community center is not specifically a Neighborhood Partnership Center, it will offer not only the NHHSE residents but also the entire neighborhood similar activities and services that a Partnership Center provides; apart from general meeting space, it will have space for educational classes in life skills, subjects of general interest, crafts as well as space for clubs to meet. The house will also have the leasing office for the NHHSE. Since there is only space for four off street parking spaces (one for handicapped persons), this request is also for a reduction of the required seven parking spaces to four. d. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36 -7 -918.4 addressed as follows: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. A community center is a place that enhances public health, safety, comfort, community moral standards, convenience or general welfare by being a safe place where the neighborhood residents can come to learn from one another or through planned educational activities. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. 505 E. Broadway has been a rental property which has been allowed to deteriorate to the point that it is a detriment to the value of adjacent property values. When SBHF purchased it it had been vacant for some time. SBHF plans to rejuvenate the structure. As a well I Board of Zoning Appeals: Special Exception Petition from South Bend Heritage Foundation maintained and regulated community center it will add to the value of adjacent property values. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The district is a neighborhood that has been through hard times and is beginning to stem the deterioration and disinvestment. Having a place to gather helps bolster neighborhood spirit and belief in itself. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Comprehensive Plan recommends actions that develop the capacity of residents to become a part of an neighborhood. It recommends actions that help residents have safe and affordable housing. It recommends actions that help residents learn to keep their housing investments in good repair. It recommends actions that help people so that they choose to stay within their neighborhood. A community center will foster all of these recommendations because it is a place where the residents come together to share and learn. e. Zoning Classification of property: SF 2 Township of property: Portage I attest under the penalties for perjury, -� Marco J. Marian' Executive Director South Bend Heritage Foundation, Inc. that the foregoing representations are true. Page 2 a.Wm(ta)wj M.W(WS)9NOM BIOS/.,' a6N1fl06 A83MAVM�l COB o - $ 'o c 0 aoWp Buisea1 +g wood{ Hiunwwop 3SHH 1 s n a n Z F. l� z N NOIlHONnod [[ Q emp eoaa 909 nm oc Q ' �m N ° Z ' Z w � iria O y J I Q M d ulna I G m ? zZ N °n 0 n 0 N J Avmavoas I( R51b IUlLOSNMai oiAI LUWVDNO amaon��own(�atn�»u�®v ni ®ea�is n l x�an�rI0 NppOT MMBMMppMM ION dmaou x K — 4l a o� (muioA A3%ns ION) ,09'6* 'I'd (MOO.110 A3-1-Iv Nlu, �1 3 QI Qi O g a w O Z X� F � Wg 000 ao o - $ 'o c 0 1 s n a n Z W < c� 4 a N tl z N nm oc Q ' �m N ° Z ' Z w � iria O y J I Q M d N n I G m ? zZ K — 4l a o� (muioA A3%ns ION) ,09'6* 'I'd (MOO.110 A3-1-Iv Nlu, �1 3 QI Qi O g a w O Z X� F � Wg 000 ao W N N b V W A N x ;, x $ m mE m �D RI <A u n A �p O Z c T Z W 0 1. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAx: (574) 235 -5541 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of South Bend Heritage ABZA 1/4/2012 Dear Council Members: The above referenced petition of South Bend Heritage Foundation, Inc. was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of South Bend Heritage Foundation to allow a community center in a "SF2" District, on property located at 505 E. Broadway, is sent to the South Bend Common Council with a Favorable Wcommendation. The deliberations of the Area 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 Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SOUTH BEND HERITAGE FOUNDATION SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS 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 is blending into the overall Comprehensive Plan and is not deviating from it's 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 4TH Day of JANUARY, 2012. YES NO MICHAEL URBANSKI 0 RANDALL MATTHYS 0 JACK YOUNG GERALD PHIPPS ROBERT HAWLEY 4^ M I JOE VELLEMAN M BRENDAN CRUMLISH