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HomeMy WebLinkAboutSpecial Exception - 1124 -1130 Napier st South Bend IN RESOLUTION 4201-12 Passed by the Common Council of the City of South Bend, Indiana September 10, 12 20 Attest: �;,..� _I i�' `� City Clerk 1 � �� ► "! Attest �M ')�' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September11, 2012 City Clerk Approved and signed by me PT f/'4 d£ l Z 20 /L Mayor RESOLUTION NO. L( 2-6( Z" 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 1124 - 1130 NAPIER ST, 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 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 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 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: 1124— 1130 Napier Street. in order to permit a Special exception to allow an accessory parking lot. SECTION II. 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; 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 Area Board of Zoning Appeals which are on file in the office of the City Clerk, subject to written commitments proposed by the Area Board of Zoning Appeals on August 1St, 2012 being properly recorded. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. ateitaidC Member of the Common Council SEP 12012 PRESENTED Ck,--"G° -1 L NOT APPROVED tXDOPTE.6 C,43--CZ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-65 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 1124 - 1130 NAPIER ST. 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 as substituted by adding to Section IV after City Clerk, subject to written commitments proposed by the Area Board of Zoning Appeals on August 1st, 2012 being properly recorded. This bill was heard by the Zoning &Annexation Committee. Karen L. White Chairperson, Committee of the Whole Army & Navy Garrison #146 1121 Western Ave. South Bend, In. 46601 Seeking a special exception to allow an accessory parking lot and variance from hard surface to existing on property located at 1124, 1126 & 1130 Napier Street. PROPOSAL This fence will, be on an existing surface and will add security for our elderly patrons who comprise the majority of our members. This area will also provide for snow deposit during the winter months . 1 . The 6ft. chain link fence that will surround this 30 x 124ft. vacant property will not have any adverse effect on the health, safety, or moral standards Of the surrounding area. 2. This section is located north of an alley which the Army & Navy #146 owns and will not affect property values. 3 . Proposed will be consistent with the area. 4. The proposed use will be compatible with comprehensive plan. 3. Zoned SF2 in Portage Township A N ft F ) c (`' T r,ii I N. ut N. I 1 V e n1c i° v i ‘V-s< . {, { f;inn -j v IV mil i � Lid efe r Ai AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 August 2, 2012 • The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for an accessory parking lot in a"SF2" District ABZA 8/1/12 Dear Council Members: The above referenced petition of the Army &Navy Garrison#146 was legally advertised on July 20, 2012. The Area Board of Zoning Appeals gave it a public hearing on August 1, 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 to allow an accessory parking lot in a"SF2"District, on property located at 1124, 1126 & 1130 Napier Street, is sent to the South Bend Common Council with a Favorable Recommendation subject to a written commitment limiting parking to the southern 35' of the property and should the petitioner fail to submit the written commitment the Board then recommends an Unfavorable Recommendation. 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 • PETITION OF ARMY & NAVY GARRISON #146 SPECIAL USE PURSUANT S.J.C.C. TITLE 15 CHAPTER 154 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE 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 SPECIAL 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 SPECIAL 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 SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS or REVISIONS: SUBJECT TO A WRITTEN COMMITMENT LIMITING PARKING TO THE SOUTHERN 35' OF THE PROPERTY AND SHOULD THE PETITIONER FAIL TO SUBMIT THE WRITTEN COMMITMENT THE BOARD THEN RECOMMENDS AN UNFAVORABLE RECOMMENDATION DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the St. Joseph County Council with a: FAVORABLE RECOMMEDATION. ADOPTED this 1ST Day of AUGUST, 2012. YES NO © MICHAEL URBANSKI GERALD PHIPPS © RANDALL MATTHYS BRENDAN CRUMLISH • JOE VELLEMAN © JACK YOUNG ROBERT HAWLEY • Area Board of Zoning Appeals—August 1, 2012 ARMY & NAVY GARRISON#146 The petition of the Army &Navy Garrison#146 seeking a Special Exception to allow an accessory parking lot in a"SF2"District and a variance from the required hard surface to existing gravel & grass, on property located at 1124, 1126 & 1130 Napier Street, Portage Township. Zoned"SF2". MR. ED RICHIE: I represent the Army,Navy club on 1121 Western Ave. MR. URBANSKI: Just to know this is a Special Exception and it will be sent to the City of South Bend Common Council favorably, unfavorably or with no recommendation. Do you have anything else you want to add other than what is in your petition? MR. RICHIE: No. MS. NAYDER: I just wan to point out that this also went through Design Review and at that meeting it was decided that only the south 35'would be used for parking. I just wanted to kind of reiterate that because the site plan maybe was also a little confusing or misleading again. MR. VELLEMAN: Oh, okay so they're not using that whole grassy lot in the back there, then? MR. URBANSKI: No all the way to Napier,just 35'. MR. RICHIE: Just 35' from the alley going north. MR. PHIPPS: So it's the area between the alley and the fence and the gate that they're going to be putting in there is the parking and the rest of it is just going to remain open then? MR. RICHIE: There is a fence there but we'll have to take that down. MR. PHIPPS: So you're going to take the fence that's along Napier down? MR. RICHIE: Yes. MR. PHIPPS: Okay. And then the gate in the new fence,the new fence is just for access into that lot? MR. RICHIE: Yes. That'd be 124' across will be a fence there. And then there'll be a gate and then the rest will just be open grass. MR. PHIPPS: And there is gravel along that the alley, the area that you'll be using for parking? MR. RICHIE: Yes. MR. VELLEMAN: Well that makes it even clearer. Now I understand what the triangle means. 16 Area Board of Zoning Appeals—August 1, 2012 MR. BULOT: Just a reminder that if this is going use just the 35' of that lot for parking, that this needs to be in the form of a written commitment since this is a Special Exception. We need to include that. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send this Special Exception to the Common Council with a Favorable Recommendation subject to a written commitment limiting parking to the southern 35' of the property and should the petitioner fail to submit the written commitment the Board then recommendation an Unfavorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion for approval of the variance subject to the Special Exception being approved by the Common Council was made by Mr. Phipps and seconded by Mr. Velleman. 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 for Special Exception is sent to the Common Council with a Favorable Recommendation subject a written commitment limiting parking the southern 35'of the property and should the petitioner fail to submit the written commitment the Board then recommends an Unfavorable Recommendation and petition for variance is granted subject to the Special Exception being approved. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation subject to a written commitment limiting parking to the southern 35' of the property and should the petitioner fail to submit the written commitment the Board then recommends an Unfavorable Recommendation and the petition for variance granted subject to the Special Exception being approved and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION WITH CONDITIONS PETITION FOR VARIANCE GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL 17