Special Exception - 508 & 512 W Colfax

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