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HomeMy WebLinkAboutSpecial Exception - Property located 819 Oak St RESOLUTION 4235-13 Passed by the Common Council of the City of South Bend, Indiana January 28, 13 Attest: City Clerk Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, 20 13 -�s _. �_'r � ..,_._ __ ' City Clerk ),11N “4 21 2 9 3 Approved and signed by me 20 . IVIawr _�� RESOLUTION NO. t 31-t3 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 819 OAK ST. 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: 819 OAK ST. in order to permit SINGLE FAMILY HOME IN A "MF1" DISTRICT 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 Common Council Filed in Clerk's Offic Nev V 2012 p w� PRESENTED (_4 3 JOHN vkp,r3.4)6, NOT APPROVE CITY CLERK,SOUTH BEND,IN SOUTH BEND HERITAGE FOUNDATION 803 LINCOLNWAY WEST SOUTH BEND, IN 46616 PHONE(574)289-1066 FAX(574)289-4550 PETITION FOR APPROVAL OF A SPECIAL EXCEPTION USE November 13,2012 The Board of Zoning Appeals 125 S. Lafayette Blvd. South Bend, IN 46601 To the Board of Zoning Appeals: South Bend Heritage Foundation is requesting approval of a Special Exception Use for construction of a single family home at 819 Oak Street.The property is located in Portage Township. The lot is currently zoned MF-1 which allows for construction of single family homes as a Special Exception Use. The existing home on the site will be demolished and a new home will be constructed on the same lot. To address the criteria in the ordinance: Why the Approval Will Not Be Injurious to the Public Health, Safety, Morals and General Welfare of the Community: The proposed single family use is conducive to neighborhood stability.A newly constructed home will increase the general welfare and the safety of the neighborhood. Why the Use of the Adjacent Property Will Not Be Affected in a Substantially Adverse Manner:The property will be occupied by one single family home. The surrounding property largely consists of single family homes that are similar to the proposed use. The proposed use will have a positive impact on the adjacent property by removing blighted structures and improving the property values in the area. Why the Strict Application of the Zoning Ordinance Will Present Practical Difficulties:The lot on which the special exception use will be located is too small to allow for the construction of a multi-family structure. Thank you for your consideration of this request. Please contact me or Anne Mannix at 288- 4369 if any additional information is required. Sincerely, Acout Marco Mariani Nie ghbo orks® CHARTERED MEMBER Application for a Special Exception Use 819 Oak Street, South Bend, IN 46616 Relationship of the Project to the City of South Bend Comprehensive Plan This application for a Special Exception Use is to allow for the construction of a single family home in a MF-1 District. The existing abandoned home on the site will be demolished and a new single family home will be constructed on the same site. The proposed project is compatible with the recommendations in the City of South Bend Comprehensive Plan. The project meets the following objectives shown in City Plan, 2007: • Housing Objective H.1.2 Encourage rental housing for all income levels throughout the city. The project involves rental housing for residents with incomes below 60% of the Area Median Income. • Housing Objective H 4.1 Support the efforts of community organizations in developing infill housing. This single family home will be infill development because it is a new construction development that is located in an existing neighborhood surrounded by existing homes. These objectives are on page 70 and 71 of the City Plan, 2007. ,- , m o m v u. °c x . ,7 i w �� n� wx"""aw c ` co a I Pr ,e FII ZI grill m y m v -2 - - - - O '.02,r --�- v n o s co r IiJ �� ��I 2+-ma c min. �� sa o m O 1 p �:a -N°, to I 1M : pE!g v' I!. Zsa �°o z At-A'. a2 3 // : /_ _ i _ ,, t . •`7, o ;J fir fir: s W- Kc, pry= a Lb ,; ,,t '--", rf V;r` sp*="i{:;141-4- j q t nr .,k.�'+i �' a, -� 1 - - .. et,- -T..y-r;r °t- rxir � . - - is'6ulysno, r 'T R 'y :....A � ' r �� - i0 ) I _.. II - - -,, i ,`,., , - [ , ,,. - .-- t •"„ I ..,, ,,,, ...., .-`S.:- `w -i 3 --.1:-,'L ,' any anOJ9 a6e06E1100 O3 1 - - 4 FM1 kr --y. m 1 I c j r •.., r, , -,,,, - ' - : - , , , , .... .., i , , ••• , ......_.. ...,..,„___.:7 , ,,, • . _. _. _ , ,,.„, , , , , ...,.. ,„ , . , ( , m ,„ ._• • ,_ 43 ,..„..,,,,,,, _ '''''''''' 1 i ._ ,, .„. , , r:' . tip :„,,,1-1,,, F . t'- :ty" N I.`o`7! -'''Mi. l "R'.7, o' Q - :r' _ -.. r. ,:„ ..,�` , AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 December 6, 2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of South Bend Heritage ABZA 12/5/12 Dear Council Members: The above referenced petition of South Bend Heritage was legally advertised on November 15, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 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 of South Bend Heritage to allow a single family home in a"MF1"District, on property located at 819 Oak Street, 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 CAH/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS SOUTH BEND HERITAGE 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG GERALD PHIPPS © ROBERT HAWLEY JOE VELLEMAN ABSTAIN BRENDAN CRUMLISH