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Home My WebLink AboutSpecial Exception - Property located at 1724 S Main St South Bend, IN 46613Attest: RESOLUTION 4270 -13 Passed by the Common Council of the City of South Bend, Indiana August 12, 13 20 Presented by me to the Mayor of the City of South Bend, Indiana August 13, 20 13 City Clerk President of Common Council Approved and signed by me ! ` 0,6-V5 T ! r 20 /3 City Clerk RESOLUTION NO. 9 2-71 6 — 0 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 1724 S Main St. South Bend, IN 46613 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: 1724 S Main St. South Bend, IN 46613 in order to permit a gymnastics studio in a "LI" District and a variance from the required 334 parking spaces to 40. 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: 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. Mem r of the Common Council PMESENTE6. XPRROVED Filed in Gar 's JUN t G 40113 CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -49 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 1724 S. MAIN 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 Petitioner: JOYS Gymnastics Inc. 3517 Pleasant Dr. South Bend, IN 46615 Property in petition: 1724 S. main St. South Bend, IN 46613 Seeking: Special Exception to allow a gymnastics studio in a "LI" District and a variance from the required 334 parking spaces to 40. The allowance of this special exception will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. Joys Gymnastics is dedicated to providing a nurturing environment for youth in our community. We help youth to excel not only in athletics, but in life itself. We are committed to leading strong and building winners. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. JOYS Gymnastics has been an upstanding organization in the community for 40 years. We are dedicated to working with neighbors to solve common problems and to be an asset to the neighborhood. The use will be consistent with the character of the district in which it is located and the land uses therein. Our intent is to operate a caring, nurturing environment for youth. Our "image" and character is crucial to our mission. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Presenter: Thomas J Willamowski - Brd. President JOYS Gymnastics 54879 Davenport Rd (574) 876 -8440 Current Zoning: Light Industrial South Bend, IN 46628 NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 3rd day of July, 2013, at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: _JOYS Gymnastics Inc_ SEEKING: —A Special Exception to allow a gymnastics studio in a "LI" District and a variance from the required 334 parking spaces to 40 on a certain real estate in St. Joseph County, Indiana. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1724 S Main St. South Bend, IN 46613 AND IS LEGALLY DESCRIBED AS FOLLOWS: Lots 1,2,3,4,5 H BRAZYS 2ND ADD Dated this I 1 th day of June, 2013. Area Board of Zoning Appeals WA I WA, i Man MOA i Car&lyn-A. *nry Secretary to the Board AREA BOARD OF ZONING APPEALS FILED Date: —44L TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of-Zoning Appeals with the other papers at the time of original filing_ Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is-to --be held. Proof of publication must be presented to the Board at the time of public hearing. MAIN STREET 99' R/W 14' ALLEY -- 7- AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 July 5, 2013 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 JOYS Gymnastics Inc. ABZA 7/3/13 Dear Council Members: The above referenced petition of JOYS Gymnastics Inc. was legally advertised on June 23, 2013. The Area Board of Zoning Appeals gave it a public hearing on July 3, 2013 at which time the following action was taken: Upon a motion by Mr. Urbanski being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a gymnastics studio in a "LI" District, on property located at 1724 S. Main St., 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 Filed ie��9S office x9 �x IN SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS JOYS GYMNASTICS 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 3RD Day of JULY, 2013. YES NO M MICHAEL URBANSKI . ABSENT RANDALL MATTHYS 0 JACK YOUNG ABSENT GERALD PHIPPS M ROBERT HAWLEY JOE VELLEMAN M BRENDAN CRUMLISH