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Area Board of Zoning Appeals---June 6, 2012 <br /> MR. CHARLES LEONE: I'm an attorney with offices at 521 W. Colfax which is across street from the <br /> proposed parking lot. The law firm is Leone Halpin, LLP. We are in a building that was formally owned by <br /> James Childs Architects and have done quite a bit of work fixing up that particular property over the last five <br /> years since we've been there. Our concerns of course are have to do with the immediate neighborhood. <br /> These lots as they exist now are vacant. They're typically kept up and mowed but they're generally unused. <br /> We do support the South Bend Heritage project to use this land as a parking lot in conjunction with the <br /> renovation of the Rushton Building. We think that the Rushton Building is a critical piece in the western <br /> edge of downtown and the redevelopment and repair of that particular building would enhance the immediate <br /> neighborhood. We've been given some comfort by the fact that South Bend Heritage will be the designer <br /> and will be having on going responsibility for this particular lot. Our concern of course has been the <br /> apartment complex that is immediately to the west of these lots which had a very large number of tenants and <br /> has been subject to a number of issues over the past several years that is vacant now. I know that there is <br /> some renovation going on with good advice in terms of how to do that but one concern we would have of <br /> course is that once that building is re-occupied at some point, because apparently it will be, that in fact the <br /> tenants from that particular building may end up finding the parking lot easy parking because I don't think <br /> that the building immediately to the west has any on site parking. So that would be our main concern but in <br /> general we do support this particular project and I think it's all in the execution in the way it's managed over <br /> time that'll make the difference. <br /> REMONSTRANCE <br /> There was no one present to speak in remonstrance of this petition. <br /> MR. URBANSKL Pat are you going to have something where there'll be stickers for the people who live <br /> there so cars won't be towed if belonging to the Rushton? <br /> REBUTTAL: <br /> MR. LYNCH: I think that we will definitely have to have some sort of protocol for anybody who is in the <br /> lot. They will need to have permission to be there, a sticker in their car or something on their dashboard as <br /> well as signs are up to indicate to people that if they do not have permission they will be towed away. We <br /> have a management company that oversee all of our properties, it's Herman and Kittle and they would be <br /> responsible for patrolling the lot making sure that it is appropriately used and towing anybody that's not <br /> authorized to be there. There will be more information, the Rushton will be 23 units and this parking lot here <br /> is 26, 1 believe, spots although there is no relationship between those two numbers it's just that what works, <br /> A motion to send the Special Exception to the Common Council with a Favorable Recommendation was <br /> made by Mr. Velleman and seconded by Mr. Hawley. The motion carried unanimously, <br /> After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy <br /> the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common <br /> Council with a Favorable Recommendation. <br /> Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this <br /> Special Exception is sent to the Common Council with a]Favorable Recommendation and will issue written <br /> Finding of Facts. <br /> PETITON SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION <br /> 29 <br />