Special Exception - Property located at West of and adjacent to 1441 N Michigan St

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Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 2 Telephone: (574) 233-1171 Brothers of Holy Cross, Inc. c/o Richard A. Nussbaum Sopko,Nussbaum, Inabnit&Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574) 234-3000 b. Location of Property. The subject property consists of approximately 1.20+/- acres of parking area within the corporate limits of the City of South Bend, generally located west of/adjacent to the existing Saint Joseph High School building (the "Parking Area"). The legal description and a general depiction of the Parking Area are attached hereto as Exhibit A. c. Statement of Request. In connection with the relocation of Saint Joseph High School from its existing site on the corner of State Road 933 and Angela Boulard ("Existing Site") to a newly constructed high school facility in South Bend, the petitioners are (1) purchasing the remainder of the Existing Site from the Diocese of Fort Wayne-South Bend, Inc. ("Diocese"), and (2) together with the Diocese, seeking approval from the Area Plan Commission of St. Joseph County and Common Council of the City of South Bend, to rezone the Existing Site (including the Parking Area) to the "U" University zoning district (the "Rezoning"). The petitioners respectfully submit this Petition(and a proposed Ordinance to the Common Council of the City of South Bend)to enable the Parking Area to continue to be used as off-street parking to serve their uses of the building and athletic fields from and after any Rezoning. Notre Dame currently anticipates that its use of the existing building would be far less intense (i.e., far fewer occupants) than the historic use as a high school, as it contemplates using a portion as "flex" administrative offices and/or classes (to accommodate the temporary relocation of offices and/or classes from its primary campus to the building during periods of construction on its main campus), a portion for storage and, potentially, a small portion for limited research activities. BHC currently anticipates that its athletic fields may be used from time to time by students of Holy Cross College for intramural activities. The petitioners desire to share the Parking Area to serve their needs and have agreed to terms and conditions of a certain General Access and Parking Easement Agreement ("Parking Agreement") regarding their shared use and maintenance of the Parking Area. A copy of the Parking Agreement is attached hereto as Exhibit B. d. Standards for Special Exception Use. The relevant items identified in Section 21-09.03 of the Zoning Ordinance are addressed as follows: (1) As noted above, this petition is filed to seek permission for the Parking Area to continue to be used, as it has in the past, to serve the building and athletic fields at the former Saint Joseph High School BARNES&THORNBURG ur