The URL can be used to link to this page

Home My WebLink AboutSpecial Exception - 1101 S. Michigan StreetRESOLUTION 3873-08 Passed by the Common Council of the City of South Bend, Indiana June 9, 08 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 10, 20 08 Approved and signed by me June 12, 20 0 8 City Clerk RESOLUTION NO. ~ 0 ~3-Og A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 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; 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 South Bend 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: 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 in order to permit Commercial Parking Lot to serve the off-site location at 121 Garst Street. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals 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. ~! Member of the Com on Council P~:est~vTco (~ -~l -~~ NOT APPROVED G ADOPTED (,o -~ -0 0 Fi~~d (n Gler~~'S ®f~~ce APR 2 3 2008 JONPI VOORDE CITY CIERK, S0. 6END, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 SOUTH MICHIGAN STREET, SOUTHWEST CORNER OF GARST AND SOUTH MICHIGAN STREETS, 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. Derek D. Dieter Chairperson. Committee of the Whole 3GARD Or ZONING APPEALS OF ,~'HE CITY OF SOUTH BEND PETITION REAL SERVICES, Inc. APPLICANT' S NAME 1151 South Michigan Street ADDRE S S ADDRESS OF PROPERTY 1101 South Michigan Street PRESENT ZONING OF PROPERTY MU Mixed Use District OWNER`S NAME REAL SERVICES, Inc. 1151 South Michigan Street, South Bend, IN ADDRE S S PHONE 574/233.8205 PHONE 574/233•.8205 46601 COUNSEL OR CONSULTANT William R. Lainie PHONE 922 East Wayne Street, South Bend, IN 46617 ADDRESS NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: 574/288.6626 Seeking a Special Exception User for commercial parking 1'ot to serve the off-site location at 121 Garst Street. _ Seeking a Variance - from the reauired perimeter and parkina landscapina_ as indicated. _ Seeking a Variance - from the required twenty f20) feet setback-for parking areas along Michigan and Garst Streets to zero (0) feet. I attest under the penalties for perjury, that the foregoing representat?ons are true. REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: I, Rebecca Zaseck, am the President and C.E.O. of REAL Services, inc., the owner of the following described real estate (ocated within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 9 and 1/2 Vacated Alley, Original Plat of South Bend 1101 South Michigan Street, South Bend, Indiana Property Key: 18-8003-0150 2. Appellant wishes to develop said property for off-site commercial parking use to provide parking for both their Meals on Wheels staff and volunteers. Maximum utilization of the site is necessary to provide a minimum total of (29) total spaces. In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disabled Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-4-918.4: i The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the vacant underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacantlunderutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located on the Michigan Street Gateway and on the south edge of the Central Development Area, the vacant/underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. Re ecca aseck, Presi ent/ C.E.O. REAL Se 'ces, Inc. + +, PROPERTY OWNERS WITHIN 300' OF KEY # 18-8003-0150 18-8001-003301 18-8001-004701 18-8001-0033 18-8001-0034 18-8001-0035 WHITE CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St South Bend 1N 46601 18-8003-0152 18-8003-0150 18-8003-0156 18-8003-0154 18-8001-0036 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan South Bend IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDINE L 58263 Pear Rd South Bend IN 46619 18-8003-0132 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-7003-0112 IVY TECH STATE COLLEGE One W 26th St Po Box 1763 IndianapolisIN 46206 18-8001-0024 1011 LLC 2903 York South Bend IN 46614 18-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St South Bend IN 46601 .> 18-8001-004901 FRICK LLC 3907 S Michigan South Bend IN 46614 18-8001-0046 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg South Bend IN 46601 18-7003-010202 ST JOSEPH COUNTY 7th Fl County City Building South Bend IN 46601 3 ~r ~ 6° 18 8001`'O~,iU ~-'`~~ _ ~ - ~ ^`^t ,rr• lc~-8001':0017Q1 i ~,.~ tA'~On1 t)~4_r,~• ~ ~~~-•1,8'7001-0022 ~ il; 1~~~.5C~ ~ w ,~,s~ ~ ~ ~ _ ,,~, ~ ~.`- -. ~ '~7 !}e~ ~ ~. il_t 1 i it i ~~ ~ it ~ i ;i S =1 ')06 ?E ~1 i_,,,.~..~ ~ ~"rC ,. ~1, d 1; X01=0023+ 1~- ~ ~ 1 ~~~) 15 1 ~ ~ , ,~- ~ ~~ ~ , ~c , l~~~a~ ~ ~1s~fi-r. ' ~ try .f_ _ ~~ , ... ~~ .,. , ° .~,~.~i _, ~ r i I I i c 1 ` G5 ~F ~ l t~ ~~ ~, ~ `i"r~'r""'+~c `~ - i 1 - Vii) i ., , ~ ~ 1 -~ i i i_ i 1' i.~F f. E ~~ ~ _ ~ _.. p r^r ,~ -t ,~ ~ ~~ ~ yrr ~ ,,. ~ '`~~... '~ ~ ~-~ , ~:~ 6 1 ~_ ~1 .1033~~~~ ~ 18'8001 0047 32 r ~ ~° ~~ ~~ "'`~ ~ ; K R 6-~.-. r _ ~ ~~ .?~ ~ ° ~ y 1 y I I ~~_i.> ,.~ ~, ~YS ~ ,~ ~ "~ "~ ~'~j ~ 18}800,1 003301 ~,s% ~ 18'8001 004701 ~j ~ , ,~ 1 r~" 1 ~ ~~~j ~~ t~ws~ ~ .~" ~ `` f '33 i~8;800,1-003~1~ 3 66 ~ ~ ~~~~ .. :; ~S „~ a~ ~~~'~~~ ~ _ -_)- - „1 5 ~ i . ,•~~ lw,a„,., 18.'8001 0048- ~ ~-,m >s "~~'"'~' ~~. 5z ~~~ ~~ ~~ ' 18 800J=0035.- `' _~ 1. ~ ~,-; ;ic~ ~18 001U0024!' 2 ~ ~ :~_1.7~'r.rrar~cm«+~ _ , ~ _, ~: ~ ~~•~ ~~~ K!,)r,4w..~ , ~ ' ~i~~ 18-8(101-004901. ~ ~~~ 6 o~~ r r r.. 18=8001 0036 ~ ~3 ~' ~I i 118 8001-0049 ~ ' ~ ~~ `~: f '~ ~ 1c-,00~ i~1 ~~~~ k r c. ~ a ~r ~ ~ ~y: .,. ~ - ~~ ! ~ a - ~ , ,~ -, .: r~ ~ ~ r -- - _ - ~~ _ ', 1 ~~:iU3d0128t=~ e' 6 e ~ ~a~~ i ~ _ S 66 18=8003 0~150~ ~ 3i~' ~~ ~ r ~ ~ t a s ~ ~ ~ ~:'~~ ~~ ~ , i ~ ~ h a ~` ': ~ t_. ~ i ~ ) 9 1880030(139° ~ a~K...- ~. s l'''• . .165 ~ ' i ~: 23 ~. ,~ 1 ~5 ~ '~' ~'^;.SAn'a'.~'.'`"" ', ~ I ~ .ao~,'~, • .~-~• \ i ~ . ~ " ..1'8x8003-011132. ~f mj ~ 43 66',18`-8003 0,15,1 6 ~i :: i ;. s r . ~~165 ~ ~~` 09 165, ~~, ,~'"''~,~~~_ ~.< - : ~ - ,: _ ~ - 16 ~-~ ,4~ ~..~ ' - ' 18-8003 0,119 ~.-~.... .?.a,Y ~ r. g`--800 0152 ~~ ~;. _ .. _ 8-8003 0145 ~9 0~ ~ 6 _ D J hnson _ ~, -. ~ 6 ~ 1 uan ~~ ~ +- r- 18-8003=0133 '" ~ 16 ~ - , _ ~ _ . _ ~K i ~ ~ ~„ ,. ~ ~ ~ S3 '' =-;,-"'1_ 3 0153 a 13=8003=0134; .r A -~~~,~'~" ~ '~ ' ~•-'*'~~i,_. .~ `~ y , ~-( 165 ~ / 9t15~,gj ~~ t ,1E~ 18,,,8003,0164; ~d0 - ~ _ ~ - - ti ' ~ 1 'gar'" ~' --~ ~ t a ~8`8003'Oi147 ~ ~ ~~ _ ~ ~ ~i ~ ~ r ~ ~. i 8 8003 `1350, ~~ Q~~~ P ~*~ -'' ~ ,1 "' _z~, ~ ~ 11 I 18 -.,!_I 1. !~ ,~„~,, i ..,. ',~~N ~ 240 ~ l ~,' 18 8003 OA1351' '" _ ~ ~ ra !T ~Tt ~ r ,.r /~ r C ~• a ~?•- ~ ~~ ~~' ~~ 081ts~8003 01.36. :. Is~,` ~~ ~c3 ~ ,--i e,.,,.n. <~ ~ ~ ,~/. ~- ~. ~- , ",d ~ =ti ~p 3 2Bt~Y'+ _ 92..29 i 7_~' 1, ~, ~ Y1~8,8004AQj172<~ ~ ,.}~ q! . +rr~~ "'v+rti -.x'~~~` i 'f~ a // _ 1 •„ c .+~ a 18'8003 01;56, ~ ~/ 1Q •a4 1~ f ~ ..~~.~.~«r~-~, '~".~ ~ £ c15 ~1 ~< ~. .,7 t ~ •~ ^ - 130 r r18 004 191 { W rr ti . --~ ~' ~ ,18004-0,1741 _ t ~ y ~ ~,~ ~. ~ , Portage Twp 18-8001-0036 ' 18-8003-0150 18-8003-0152 18-8003-0153 18-8003-0154 Information shown on this map is not wartanted for accuraq or merchantability. Reproduction of this material is not possible without written permission of St. Joseph County, Indiana. 8 ~ • -., } !~ '7 +• ~~ ! N Printed April 18, 2008 ~ry 66 "~ ~-~ Photography:Spring 2008 ~~ ~~ m tY,. ~~ r' ~ ~•'~ ~ W. .E a r y s' Pre ared b Ra lene Slu 6k 1 ~ 7! 11 7 _a '] F~.?o ~ TSP ~ ~ St. Joseph County Autlilofs Office 7 - $~ ~ ~ ~ 227 W. Jefferson Blvd. - ~ ~ ~ r.- ' s SouPhonea(574) 235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2008 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 Real Services, Inc. BZA 5/15/08 Dear Council Members: The above referenced petition of Real Services, Inc. was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception of Real Services, Inc. for off site parking, on property located at 1101 S. Michigan Street, zoned "Mixed Use" is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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. Sincer y, dL ' Charles C. Bulot Interim Building Commissioner CCB/cah KEAL SERVICES (1 1 O l S. M(ichigan) SPECIAL E?:CEI'TION PURSUANT 31-09.3(D) I30ARD OF ZONING APPL-ALS CI'f ~' OF SOU"fly 13END, INDIANA FINDINGS OF FACT 1. TI IF_ I'}20POSL-D USE \~'ILL NOT BE IN,iURIOUS TO THE PUBLIC HEALTH, SAFETY'. COMFORT, CON(MUNITI" 1\40R.4L STANDARDS, CONVENIENCE- OR GENERAL WELFARE BECAUSE: Deg elopment and use as presented ~~~ill comply with all building, fire safety, traffic, and parking regulations as to not bcin ~ injurious [n the public health, safety. morals, and genera] welfare of the community. ''. "1'1-IE 1'ROPOSL=D L :S'E \~'ILI_ NO'!" IN.IURL= OR ADVERSELY A]=FELT TI-IE USE OF THE- ADJACENT .4RE.4 UR 1'ROI'61:7"l' \'ALUL-S 'fl ILRI~IN BEC'AL1SL: The ~ ariance or use. shall improve the appearance of the neighborhood and will not devalue the sun-ounding properties. ~. TI-iE PROPOSED USE WILL BE CONSISTENT WITH THE CI-IARACTER OF THE DISTRICT IN WHICH IT IS LOCA'I"ED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. -l. TI-IE PROPOSED USE- ]S COMPATIBLE WITI-I THE- RECOMMENDATIONS OF THE CITE' OF SOUTH BLVD COAIPREHEA'S/1 "E PL:IN BECAUSE: It is the 1"ee]inc of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating ti-om its intent. CONDITIONS OP. REVISIONS: DECISION IT IS TI-IERL--FORE the decision of the Board that this request for Special L-xception shall be passed onto the City of South Bend Common Council with a: F.4~'OR.-~.13LE RECO1\'I1\1E1~DATI01~ ADOPTED this 1 NTH D•av of" MAl'. 3005 1'ES NO ® RIC1-IARD I~ILBASE ABSENT CHRISTOPI-1 HOFFMAN ® DA\'ID SASSANO ® NIAURICE HOSAI~' ABSENT L-LOND.A \\'ILDL-R-I-IAMILTON'