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HomeMy WebLinkAboutSpecial Exception - Properties located at 1307 & 1311 Hickory Rd RESOLUTION 4205-12 Passed by the Common Council of the City of South Bend, Indiana October 8, 12 20 Attest:, City Clerk Attest •-• — \I. . ■ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 9, 20 12 City Clerk Approved and signed by me Uc To�£ 9 20 la /, Mayor RESOLUTION NO. l 23 S— I -)----- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY,INDIANA FOR THE PROPERTIES LOCATED AT (1307 AND 1311 HICKORY ROAD, 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 Area Board of Zoning Appeals of St. Joseph County, Indiana, for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals of St. Joseph County, Indiana, 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 of St. Joseph County, Indiana, 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 Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the properties located at: (1307 AND 1311 HICKORY ROAD, SOUTH BEND,INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 1307 and 1311 Hickory Road, South Bend, Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use(Off-site Parking). 2 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 of St. Joseph County, Indiana, 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 of St. Joseph County, Indiana,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. I 1X,N,�. \ ■ Member of the Common Council Filed in C_l q : '9 Office PRESENTED L0-c --li A 3 ZU1Z NOT APPROVED R , SAD0PTEO g CITY CLERK,SOU END,IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT 1307 AND 1311 HICKORY ROAD, SOUTH BEND, INDIANA, 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 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name(s) : TM Investment Corp. Taddeo Holdings C/O Uniconr Management 623 East La Salle Street P.O. Box 8195 South Bend, Indiana 46617 South Bend, Indiana 46660 Address of Properties: PARCEL"A": 1307 & 1311 HICKORY ROAD, SOUTH BEND, INDIANA 46615 Present Zoning of Properties: SF1" SINGLE FAMILY AND TWO FAMILY RESIDENTIAL DISTRICT Counsel or Consultant:DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 1307 & 1311 Hickory Road, South Bend, Indiana 46615 NATURE OF APPEAL: SPECIAL EXCEPTION USE: 1) . Approval of a Special Exception Use as allowed under Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) ; REQUESTED VARIANCES: 1) . A Variance from the 25-Foot Front-yard setback along Hickory Road (East property line) to a minimum of 15 feet for a proposed parking area; 2 2) . A Variance from the required 20 ft. Side Yard Setback for non-residential uses along the South property line to a minimum of 15 feet and from the required 20 ft. Side Yard Setback for non-residential uses along the North property line to a minimum of 0 feet. 3) . A Variance from the requirement of providing a screening hedge of plants along the south 20 ft. wide Side Residential Bufferyard of the proposed parking area consisting of shrubs 3 ft. on-center along the length of the parking area to no additional screening. The Petitioners are the owners of the real estate parcels shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petitioners have been approached by an adjacent owner, who desires to purchase the real estate shown on the attached site plan. That owner would like to take a portion of the front of the property and create an additional parking area that would be used by their employees and for their patrons who use the adjacent commercial center located at the Southwest corner of Hickory road and Edison Road. The Petitioners representatives have had discussions with the Building Department and Area Plan Commission staffs concerning this project. Based on those discussions it decided that the best option was to request a Special Exception Use for the proposed parking area as permitted under the "SF1" single "family and Two Family Residential Zoning District classification. This approach would allow for the parking area and also allow for the two existing single-family homes to remain. Those two homes are presently occupied. The Petitioners and contingent purchaser would like to have those homes remain for the present time. Based on the proposed layout of the parking area, a few variances are required to be approved. These variances would allow for the proposed parking to be in line with the adjacent parking on the commercial center property and would allow for an interior access driveway to connect the parking areas together. This would help to reduce the number of driveway openings onto Hickory Road. Based on the proposed plan the Petitioners would ask for the following Special Exception Use and Variances: The Petitioners are asking for approval of a Special Exception Use for Parcel "A" shown on the attached site plan, which is proposed for off-site parking for the adjacent commercial center located north of the petition site. The request for approval of the Special Exception Use is due to the fact that these properties are presently zoned "SF1" Single family and Two Family Residential District. The Ordinance states that parking lots are allowed on such property if approved as a Special Exception Use. This would also keep the property zoned as "SF1" instead of changing the zoning to a more intense use classification. More 3 specifically, the Petitioners are requesting that Parcel "A" be approved as a Special Exception Use as allowed under Section 21- 03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) . The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception Use to allow for off-site parking lot for the adjacent commercial center, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or 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) . The Petitioners believe that approval of the above Special Exception Use for the proposed parking area will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. Concerning the required Variances, the Petitioners would request a Variance from the 25-Foot Front-yard setback along Hickory Road (East property line) to a minimum of 15 feet for a proposed parking area. This request is to allow for the parking to be in line with the adjacent parking to the north. As shown the parking area would be screened from Hickory Road as required by the City's Zoning Ordinance. The Petitioners do not believe approval of this Variance would be detrimental to any surrounding property. The second Variance request is from the required 20 ft. Side Yard Setback for non-residential uses along the South property line to a minimum of 15 feet and from the required 20 ft. Side Yard Setback for non-residential uses along the North property line to a minimum of 0 feet. The Petitioners are asking to be allowed to place the access driveway and one parking space into the side yard setback area along the south boundary. This location allows for the efficient layout of spaces and maximizes the distance between driveway openings. The Petitioners will still place evergreen screening as required per the City's Zoning Ordinances along the south property line adjacent to the vacant property. The Petitioners would state that the land use in this area is changing and the property to the south will most likely become either an office and smaller retail use. The properties on the east side of Hickory in the City of Mishawaka already have a zoning classification of C-1 Commercial for retail use and C-6 Commercial for office uses. The Petitioners do not believe approval of this Variance would be detrimental to any surrounding property. 4 The last Variance request is from the requirement of providing a screening hedge of plants along the south 20 ft. wide Side Residential Bufferyard of the proposed parking area consisting of shrubs 3 ft. on-center along the length of the parking area to no additional screening. The request for this variance is due to the fact that the Petitioners plan to provide an evergreen screen along the entire south side of the proposed parking area as shown. The Ordinance would require an additional screen of small shrubs behind the proposed evergreen screen which would not be needed to provide a visual buffer between the parking area and the adjacent property. The petitioners would not to be required to have two screening buffers in the same area. The Petitioners do not believe approval of this variance would adversely affect any surrounding property. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the above described Variances and the Special Exception Use 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 contends 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 the Special Exception Use are sought: that the need for the Variances and the Special Exception Use 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 Use 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. Iii- -4 Michael J. Danch President Danch, Harner & Associates, Inc. • Property Owners Within 300 Feet Rogelio Guzman Owen & Barbara Lamarche Paula Frye 2239 Cromwell Cir 3514 Hickory Rd 1243 Ebeling Dr Austin, TX. 78741 Mishawaka, IN. 46545 South Bend, iN. 46615 Tax Key#018 5187 7197 Tax Key#027 1069 1588 Tax Key#018 5187 7217 Miguel &Jaqueline Torres Latricia May Harley& Elizabeth Sargent 1334 Ebeling 3505 Rexford Dr 17500 Arbor Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, iN. 46635 Tax Key#018 5187 7203 Tax Key#018 5187 7193 Tax Key#018 5187 7220 Richard & Patricia Dukeshire RL Jr. &Sharon Conway Richard & Patricia Dukeshier 30711 CR 16 3623 Rexford Dr 30711 CR 16 Elkhart, IN. 46516 South Bend, IN. 46615 Elkhart, IN. 46516 Tax Key*018 5187 7199 Tax Key#018 5187 7186 Tax Key#018 5187 7194 Sara Marvin Community Wide Federal Credit Saybani Al Alia 1307 Ebeling Dr Union 1246 Ebeling South Bend, IN 46615 1555 W Western Ave South Bend, IN.46615 Tax Key#018 5187 7213 South Bend, IN.46619 Tax Key#018 5187 7195 Tax Kav#(177 1nRA 1 FiRS(11 Susan Mathews Gary&Juanita Donaldson Kathy Niblick PO Box 6894 3513 Rexford Dr 3519 Rexford Dr South Bend, IN. 46660 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key#01851877218 Tax Key#01851877192 Tax Key#01851877191 Randall Yoho James&Mary Lee Spencer Mary Margaret Neenan 3525 Rexford 3605 Rexford Dr 18506 Spring Mist Crt South Bend, IN. 46614 South Bend, IN. 46615 South Bend, IN. 46617 Tax Key#018 5187 7190 Tax Key#018 5187 7189 Tax Key#018 5187 7188 Nancy Remke Community Wide Federal Credit Community Wide Federal Credit 3617 Rexford Dr Union Union South Bend, IN. 46615 1555 W Western Ave 1555 W Western Ave Tax Key*018 5187 7187 South Bend, IN. 46619 South Bend, IN. 46619 Tax Kav#(177 111RA 1587 Tax Kav#(177 1 nR9 15RR Owen E Jr.&Owen Sr.& Edith Sessler Dale& Marcia Kokot Yvonne McCaige Edith Mae Shewchuk 15347 Roscommon Ln 1249 Ebeling 1245 N Hickory Granger, IN. 46530 South Bend, IN.46615 South Bend, IN. 46615 Tax Key*018 8187 7221 Tax Key#018 5187 7216 Tax Kpv#(11 R 57(11 7728 Daniel&Sharon Harman Taddeo Holdings LLC Taddeo Holdings LLC 556 N Oakland Av 623 E LaSalle 623 E LaSalle Mishawaka, IN. 46544 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5201 7724 Tax Key#018 5201 7724 Tax Key#018 5201 7725 TM Investments Corp. Miriam Lopez&Gustavo Quijada Robert& Earnestine Ellis PO Box 8195 1322 Ebeling 1252 Helmen South Bend, IN. 46660 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key#018 5201 7723 Tax Key#018 5187 7201 Tax Key#018 5187 7222 Michael Genetti 1255 Ebeling Land Trust Trisha Metz PO Box 311161 117 1/2 N Main St 1304 Helmen Dr Saint Louis, MO. 63131 South Bend, IN. 46601 South Bend, IN. 46615 Tax Key#018 5187 7196 Tax Key#018 5187 7215 Tax Key#018 5187 7223 Michael & Edith Mathis Andrea &Troy Ross Patricia Barrera 53222 Martin Ln 1308 Helmen 1313 Ebeling Dr South Bned, iN. 46635 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key#018 5187 7198 Tax Key#018 5187 7224 Tax Key#018 5187 7212 William Enriqueta Cano&Virginia Claire Etter Sharon Marvin Gilreath 1312 Helmen Dr 1316 Ebeling Dr 1301 Ebeling South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key#018 5187 7225 Tax Key#018 5187 7200 Tax Kpv it 018 5187 7714 Johnnie Williams Phillipe Gary Raczka Marcia Kokot Kovas& Dale Kokot 1328 Ebeling Dr 1316 Helmen 15347 Roscommon Ln South Bend, IN. 46615 South Bend, IN. 46615 Granger, IN. 46530 Tax Key#018 5187 7202 Tax Key#018 5187 7226 Tax Key#018 5187 7211 William Blauvelt William Blauvelt Housing Authority of South Bend 17631 Cobblestone Court 17631 Cobblestone Court 501 S Scott South Bend, IN. 46635 South Bend, IN. 46635 South Bend, IN. 46601 Tax Key#018 5187 7210 Tax Key#018 5187 7209 Tax Key#018 5200 7708 Seneff Hickory Plaza LLC MJ Investments LLC Timothy& Donna Jean Benedict 1635 E Main St 2400 Miracle Lane 1925 Westwood Circle Waukesha, WI. 53186 Mishawaka, IN. 46545 Mishawaka, IN.46545 Tax Key*018 5200 7715 Tax Key#027 1001 060503 Tax Key#0271001 060501 Rans Real Estate LLC 54401 26th St South Bend, IN. 46635 Tax Key#027 1069 1581 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-554] September 6, 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 of T M Investment Corp. ABZA 9/5/12 Dear Council Members: The above referenced petition of T M Investment Corp. was legally advertised on August 16, 2012. The Area Board of Zoning Appeals gave it a public hearing on September 5, 2012, at which time the following action was taken: Upon a motion by Mr. Velleman, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an off site parking lot in a"SF1" District, on property located at 1307 & 1311 Hickory Road, is sent to the Common Council with a Favorable 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 Mark A. Lyons Assistant Zoning Administrator MAL/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) • AREA BOARD OF ZONING APPEALS T. M. INVESTMENT CORP. 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 5TH Day of SEPTEMBER,2012. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN © BRENDAN CRUMLISH