HomeMy WebLinkAboutSpecial Excepton - 1731 S FranklinRESOLUTION
4285 -13
Passed by the Common Council of the City of South Bend, Indiana
September 23,
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
. September 24, 20 13
City Clerk
President of Common Council
Approved and signed by me 2-`1 5 feT f M $ t e 20 13
City Clerk
0
RESOLU'I gON NO. � L3
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
1731 S. FRANKLIN
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 pursuant to I.C. 36 -7 -4- 918.6; 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
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: 1731 S. Franklin Street
in order to permit a special exception use a crematory in a Light Industrial District.
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 ?be 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; all of which is requested by the South Bend Municipal
Code § 21 -09.03 (i).
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; and is subject to the written commitments filed with the Office of the City Clerk after they
have been duly executed.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council.
Z3--t 3
as a�
Da OL 0 D�, k &
Member of the Common Council
C6 9.� ?i, SOUS', t
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -57 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 1731 S. FRANKLIN
STREET
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 with the following amendment:
Sec IV. Clerk; and is subject to the written commitments filed with the Office of
the City Clerk after they have been duly executed.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
EXHIBIT "C"
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A SPECIAL
EXCEPTION OR A
VARIANCE GRANT FROM THE TERMS OF THE ZONING
ORDINANCE.
In accordance with I.C.36 -7 -4 -921, the Owner of the real estate located in the City of
South Bend, St. Joseph County, Indiana, which is described below, makes the
following COMMITMENTS concerning the use and development of the following
described parcel of real estate:
LEGAL DESCRIPTION:
See Attached: Exhibit A
STATEMENT OF
COMMITMENTS:
1. Installation of 100 feet of chain link fence 6 feet in height with privacy slats.
2. See attached site plan Exhibit B
3.
rd
These COMMITMENTS shall be binding on the Owner, subsequent owners of the
above- described real estate, and other persons acquiring an interest in the above -
described real estate.
These COMMITMENTS may be modified or terminated by a decision of the City of
South Bend Board of Zoning Appeals made at a public hearing after proper notice has
been given.
COMMITMENTS contained in this instrument shall be effective upon the grant of
petition
# by the City of South Bend Common Council / Board of
Zoning Appeals.
These COMMITMENTS may be enforced jointly or severally by:
• The City of South Bend, Indiana;
Owners of all parcels of ground adjoining the real estate within three -
hundred
(300) feet from the subject property, and all owners of real estate
within the area included in the petition who were not petitioners.
Owners of real estate entirely located outside the City of South Bend
are not included, however; and
3.
The undersigned hereby authorizes the Clerk of the City of South Bend Common
Council / Secretary of the City of South Bend Board of Zoning Appeals to record this
Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final
approval of petition
IN WITNESS WHEREOF, Owner has executed this instrument
this day of ;
�F -Hed in Clerk's,
4
S P 2 ;; 2013
CITY CLERK, 6 Tai eNt "), IN"
(Organization Owner)
By GM2B,LLC
Printed Mark Gendel
Title Member
'Filed In
2013
(Organization Acknowledgment)
1 CITY CLeRK 0
STATE OF Indiana
SS:
COUNTY OF St. Joseph
Before me, a Notary Public in and for said County and State, personally
appeared
Mark Gendel - the Member of
..GM2B, LLC , a(n)
Owner(s) of the real estate described above, vho acknowledged the execution of the
foregoing instrument in such capacity and who, having been duly sworn, stated that
any representations therein contained are true.
Witness my hand and Notarial Seat this_'�.:�... day o Cx0j"
JACKIE WOLTMAN
SEAL
Notary Public, state of Indiana Signature
My Commission Expires Oct, 16, 2016
Printed �, l lcti \)-to
PARCEL i-T
1� Subject to legral highways,
F.;
'Ald in Clerw
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23 2313
,.-CITY CLERK, SOUYN SEND, IN
Petitioner:
GM2B, LLC
Mark Gendel
1835 S. Franklin Street
South Bend, Indiana 46613
(574) 220 -7772
Property in Petition:
1731 S. Franklin Street
South Bend, Indiana 46613
Variance requested:
Special Exception for a crematory in a light industrial district in an existing building.
This facility will be used by funeral homes only and will not be open to the general
public.
1. Why the approval will not be injurious to the public health, safety, morals and general welfare
of the community.
Less pollutants than a Wood Fired Stove or Fireplace. Considered a Minor Source,
unregulated by the Federal Government, Permitted by the State of Indiana.
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.
Area is zoned Light Industrial, adjoining areas have always been subjected to Light
Industrial Zoning. Only a couple of vehicles per day are anticipated to use the facility.
3. Why the strict application of the terms of the zoning ordinance will result in practical difficulties
in the use of the property.
Light Industrial is where cremation equipment should be used. How could Office, LB, and
CB be a permitted use and not Light Industrial?
4. Is the proposed use compatible with the recommendations of the City of South Bend
Comprehensive Plan?
Yes, It is compatible with the comprehensive plan of the city.
Owner is same as -Petitioner
Zoning Classification is Light Industrial (as currently zoned) with a special
exception for a crematory. Property is located in Portage Township.
AREA BOARD OF ZONING APPEALS
125 S, Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
574/235 -9554
574/235 -5541 -Fax
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday, the 7th day of AUGUST , 2013 , at 1:30 p.m. in the Council Chambers on
the 4" Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by DIRECTOR'S CREMATORY, LLC
SEEKING: A SPECIAL EXCEPTION TO ALLOW A CREMATORY IN A LIGHT INDUSTRIAL
ON PROPERTY COMMONLY DESCRIBED AS: 1731 S. FRANKLIN ST., SOUTH BEND, IN
Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138,
Acts of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area, this notice is sent to you as a courtesy.
Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property
will not receive a copy of this notice. If you know of someone who should have received notice but didn't,
please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the
time of the hearing.
AREA BOARD OF ZONING APPEALS
`04-�'
v
Carolyn A. Henry
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
August 8, 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 of Director's Crematory
ABZA 8/7/13
Dear Council Members:
The above referenced petition of Director's Crematory was legally advertised on July 21, 2013.
The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the
following action was taken:
Upon a motion by Mr. Hawley, being seconded by Mr. Phipps and by a 5 -1 vote,
the petition for Special Exception to allow a crematory in a "LI" District, on property
located at 1731 S. Franklin 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.
Sincere] ,
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
SPECIAL EXCEPTION PURSUANT 21- 09.3(D)
AREA BOARD OF.ZONING APPEALS
GM2B /DIRECTOR'S CREMATORY, LLC
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
BENDS 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 its 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 7TH Day of AUGUST, 2013.
YES NO
0 MICHAEL URBANSKI
0 RANDALL MATTHYS
JACK YOUNG
GERALD PHIPPS
0
ROBERT HAWLEY
ABSENT
JOE VELLEMAN
0
BRENDAN CRUMLISH