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Home My WebLink AboutSpecial Exception - Property located at 3733 Locust St South Bend IN RESOLUTION 4228-13 Passed by the Common Council of the City of South Bend, Indiana January 14, 1.3 20 Attest: City Clerk • Attest ill • �•k wir President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 15, 201,3 c‘N.,,, / -4.Se6d(-A■ J City Clerk Approved and signed by me N U 2 I 20 _ . Mayor RESOLUTION NO. 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 3733 Locust Street, South Bend, IN 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 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 Area 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: 3733 Locust Street, South Bend, IN in order to permit: A Government Facility; Indiana Tribal Government Office for the Pokagon Band of Potawatomi Indian, a Federally recognized Native American Tribe with a service area in the State of Indiana. 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: � s 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 Area 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. 1 111 TO / / / BY Member of the Common Council Filed in Clerk's Office: E 2012 CITY CLERIC,SOUTH BEND,IN PRESENTEi?'_. l--t; -13 NOT APPROVE r DOPTED x..19--i-3 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-86 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 3733 LOCUST 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. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole AREA BOARD OF ZONING APPEALS INSTRUCTIONS FOR FILING PETITIONS The FOLLOWING ITEMS are needed to FILE A PETITION before the AREA BOARD OF ZONING APPEALS. ALL PAPERWORK IS TO BE FILED BY NOON ON THE FILING DEADLINE 1. 12 copies of a typewritten or computer generated petition,in the form of a letter or statement and is to include the following information: a. NAME,ADDRESS AND PHONE NUMBER OF PETITIONER AND/OR PROPERTY OWNERS. Pokagon Band of Potawatomi Indians c/o WJC Holdings LLC 58620 Sink Rd. Dowagiac,MI 49047 269-782-8998 b. LOCATION OF PROPERTY IN PETITION(ADDRESS). 3733 Locust Street, South Bend,IN c. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST. Request is for a special use exception. d. ADDRESS INDIVIDUALLY IN A LETTER TO THE BOARD EACH OF THE FOLLOWING STANDARD FOR VARIANCE I.C.36-7-4-918.5: No variance is requested at this time. 1. WHY the approval will not be injurious to the public health,safety,morals and general welfare of the community. 2. WHY the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner 3.WHY the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. e. NAME,ADDRESS AND PHONE NUMBER OF PERSON PRESENTING PETITION,IF OTHER THAN OWNER. Jason M.Wesaw,Government Manager Pokagon Band of Potawatomi Indians 58620 Sink Rd. Dowagiac,MI 49047 269-782-8998 f. ZONING CLASSIFICATION of property and TOWNSHIP it lies in SF1 -Single Family&Two Family District,Centre Township g. SIGN the petition. AREA BOARD OF ZONING APPEALS STANDARDS FOR SPECIAL EXCEPTIONS ALL PAPERWORK IS TO BE FILED BY NOON OF THE FILING DEADLINE When applying for a Special Exception the Standards below must be addressed and incorporated in the written statement or petition. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-4-918.4 as listed below: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Pokagon Band of Potawatomi Indians was restored to federal tribal status through act of Congress,(P.L. 103-323, 108 Stat.2153,25 U.S.C. 1300j-1300j-8(the Restoration Act)which was signed into law by President Clinton on September 21, 1994.The Restoration Act established a tribal service area for the Pokagon Band consisting of ten counties including the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of St. Joseph, Elkhart, La Porte, Starke, Marshall, and Kosciusko. 1,701 Tribal citizens or 85% of the service area population live within the service area counties of Michigan. 304 or 15%of the service area population live within the service area counties of Indiana. The Pokagon Band has maintained a Tribal Government Office in Michigan and Indiana ever since federal recognition in1994. The Michigan Pokagon Band Tribal Government Office is located at 58620 Sink Rd, in Dowagiac, Michigan. Currently,the Pokagon Band has Indiana Tribal Government Office located at 310 W. McKinley, Suite 300 in Mishawaka,Indiana. The Pokagon Band would like to relocate the Indiana Tribal Government Office to 3733 Locust Street. This property will provide for a government use that will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property at 3733 Locust Street is located in a SF1- Single Family and Two Family District. In the City of South Bend Zoning& Subdivision Ordinance,under Section 21-02.01(2) (B) Special Use Exceptions, "Governmental Use: Including but not limited to: Fire Station or Police Station" is listed as an approved use in the SF1- Single Family and Two Family District. The property at 3733 Locust Street will provide for a government use that will not injure or adversely affect the use of the adjacent area or property values. 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 Pokagon Band will utilize the house on the property as the Indiana Pokagon Band Tribal Government Office. This office will provide administrative functions that serve area Tribal citizens. There will be no external changes or construction to the existing house.No new construction is planned for this property at this time. The property at 3733 Locust Street will provide for a government use that will be consistent with the character of the district. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. In the City of South Bend,Indiana Comprehensive Plan,the future land use map indicates the property at 3733 Locust Street, South Bend,Indiana is in an area that is envisioned as a regional commercial node that will serve a large,metropolitan area and will be a regional draw. These nodes would include mix uses such as"institutional",which"includes facilities of public or private primary or secondary schools,vocational and technical schools, college, and universities; government facilities,hospitals, and museums". These nodes generate large volumes of traffic and are usually located on the outskirts of a city or town. The property at 3733 Locust Street will provide for an institutional use that is compatible with the recommendations of the City of South Bend Comprehensive Plan. ■ ■ k/ . �% 0 /2 ('Co 7 . C7 (� § G 6 e . o m)\ « 11411144.11\ 00g] ja § •"..-' o r - A__ mmo 0 )( §7 0mzm° [k� 222 . R` z c° ;�; zm mazmm m> CD • r \Gf`• �mw — o R - ,o» 0 ;t§ « . ; /B o no ,°k; p §§j;ft Ro §-i ;2 ƒ o .. . . . ' K (2§ H g i z - k22 � *0,-.077.9,, F:._„ � H22!; 2 § I tkz § and;;Ms #nc., &§� rG) m;; o;-> 2\§ `^mr oa ;; ) z to �a )cn \} zo . m § z r:::.> HRGINC P.O.BOX 2859 SOUTH BEND,IN 46680 BARRY&CHARLENE CLAYWELL 21815 TRILLIUM SOUTH BEND,IN 46614 LARRY L.&MARIA FISHER 59255 LOCUST RD SOUTH BEND,IN 46614 MARK W.&KELLY E. STEVENS 3515 LOCUST RD SOUTH BEND,IN 46614 GERALD A.BROWN&GERALD S.BROWN 3603 LOCUST RD SOUTH BEND,IN 46614 TRUSTEES OF PINK LIVING TRUST DAVID A&MOLLY PINK 3631 LOCUST RD SOUTH BEND,IN 46614 WALTER D.SR AND LORRAINE A.REGAN RES LIFE EST WALTER D.REGAN JR&MICHAEL J.REGAN&PAUL M.REGAN&GRACE A.REGAN 3630 LOCUST RD SOUTH BEND,IN 46614 ARNOLD&PETRA MORENO 3736 S.LOCUST RD SOUTH BEND,IN 46614 MA INVESTMENTS LLC 55 W.22ND ST#320 LOMBARD,IL 60148 WAYNE M.TOTH 68295 LILAC RD LAKEVILLE,IN 46536 ANN GILLIGAN-HINDI 5431 OLYMPIA FIELDS LANE HOUSTON,TX 77069 POKAGON BAND OF POTAWATOMI INDIANS c/o WJC HOLDINGS LLC ATTN:JASON M.WESAW,GOVERNMENT MANAGER 58620 SINK RD. DOWAGIAC,MI 49047 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 November 8, 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 the Pokagon Band of Potawatomi Indians ABZA 11/7/12 Dear Council Members: The above referenced petition of the Pokagon Band of Potawatomi Indians was legally advertised on October 11,2012. The Area Board of Zoning Appeals gave it a public hearing on November 7, 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 a governmental office in a"SF1"District, on property located at 3733 Locust 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, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS POKAGON BAND OF POTAWATOMI INDIANS 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: The Special Exception is not deviating from the spirit, character and intention of the district in which it is located. 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 7TH Day of NOVEMBER,2012. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH