HomeMy WebLinkAboutSpecial Exception - 1129 N. St. Louis Blvd.RESOLUTION
3894-08
Passed by the Common Council of the City of South Bend, Indiana
August 25,
Attest:
August 27,
Presented by me to the Mayor of the City of South Bend, Indiana
August 26,
Approved and signed by me
City Clerk
President of Common Council
~-~~
2008
20 08
20~ 8
City Clerk
RESOLUTION NO. 3 g ~( ~'- 0 8
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
1129 N. ST. LOUIS BLVD.
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 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: 1129 N. St.
Louis Blvd., South Bend, Indiana, 46617.
in order to permit an accessory parking lot in an SF2 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; 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 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.
r
Member of the C mon Council
g_z.S-O~
pRESENTE4
~0j; ~ePPROVEpb d ~'
Filed in CiQrk's ®~ice
,1UN Z 5 2008
JOHN YS~RgENp,1N.
CRY CIER`C,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-69 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT
1129 N. ST. LOUIS BLVD.
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 Dieter
Chairperson, Committee of the Whole
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT' S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-234-2351
ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617
ADDRESS OF PROPERTY 1129 N ST. LOUIS BLVD, SOUTH BEND, INDIANA 46617
PRESENT ZONING OF PROPERTY SF2
OWNER'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-234-2351
ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617
COUNSEL OR CONSULTANT ROB MARTIN (BARK DESIGN GROUP, LLC) PHONE 574-534-6531
ADDRESS 502 S MAIN ST, GOSHEN, INDIANA 46526
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
-SPECIAL EXCEPTION FOR ACCESSORY PARKING LOT IN AN SF2 DISTRICT
-VARIANCE FROM THE REQUIRED 20' SIDE YARD SETBACK TO 10' SIDE YARD PARKING
SETBACK.
I attest under the penalties for perjury, that the foregoing representations are
true.
- l~R~zr
Signature o~ Pz`operty Owner(s)
arr Deign
502 :5_ Main :St_ ,, c6oshen., 2N 46525
'Te1x 574-b34-6531 F'axs 5'74-534-556_°
June :25, :2008
RE. Petition seeking .SPECIAL-EXCEPTION for 'GREATER HOLY 'TEMPLE CHURCH OF
GOD IN CHRIST
To Whom It :May Concern
We (GREATER :HOLY 'TEMPLE CHURCH OF GOD IN CHRIST., 710 E NAPOLEON
BLVD., :SOUTH BEND., INDIANA 46617;, Phone # 574-:234-:2351.) are requesting a
:SPECIAL EXCEPTION for the following
• SPECIAL EXCEPTION TO ALLOW AN ACCESSORY OFF-STREET PARKING AREA WITHIN
AN SF2 ZONING DISTRICT
~ VARIANCE FROM THE REQUIRED 20' SIDE-YARD SETBACK TO 10' SIDE-YARD
SETBACK TO ACCOMMODATE THE REQUIRED PARKING
The approval of these requests shall not be injurious to the public health,
safety, morals and general welfare of the community for the following reasons.
1. Granting the variance will allow the construction of a gymnasium
addition to the church across the street. This will help the church
serve local community needs
The use and value of the area adjacent to the property included in the
requests will not be affected in a substantially adverse manner because:
1. Landscaping & screening per the South Bend city ordinances will be
installed
2. The parking demand during the week will be a fraction of the need that
is calculated per the city ordinances.
3. The church operates a van / bus to bring approximately 15 to 20
congregation members to church, reducing the number of parking spaces
needed.
The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein because:
1. The existing church is at present an asset to the neighborhood, and
maintains its property with pride and distinction serving as an example
to the adjacent properties.
The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive Plan because:
1. A church is a permitted use within an SF2 zoning district
2. This exception will allow for church parking which is also permitted
within an SF2 zoning district
Contact: Rob Martin of Barr Design Group, located at 502 S.
Main St., Goshen, Indiana will be presenting the petition. The phone number
there is 574-534-6531
reels County Parcels
Rec PARCELID NAME_1 PROP_ADDR S EET CITY
NOLAN DENTS AND VAC LOT 68 ST
1 18-5104-3605 CATHERINE LOUIS 701 St Vi cent St South Bend IN 46617
MILLER BRIAN L AND
2 18-5104-3620 KATHLEEN M 1115 N ST PETER 1115 N Sq Peter St South Bend IN 46617
3 18-5109-3857 DRAMJ LLC 1104 HILL 61410 C 3 Elkhart IN 46517
4 18-5109-3867 ALEXANDER MICHAEL A 1105 ST. LOUIS 1105 N S Louis St South Bend IN 46617
6698 EA T 150
5 18-5110-3929 SHORT TIM & DENISE 522 NAPOLEON NORTH Mill Creek IN 46365
TAYLOR KEITH D 8~
6 18-5109-3848 SHARITA D HILL ST 608 Napo eon St South Bend IN 46619
622
NAPOLEAN/1133
7 18-5109-3859 SCOTT BARROS TONI ST. LOUIS 622 Napo can South Bend IN 46617
8 18-5109-3855 1 G LLC 1114 HILL 1755 S H yes St #A Arlington VA 22203
CHANCE CHERYL 1102 HILU613 ST.
9 18-5109-3858 L.1 4 MISC VINCENT 1102 N H II Street South Bend IN 46617
10 18-5109-3868 TOWNSEND EMMA 623 ST. VINCENT 623 St Vi cent St South Bend IN 46617
AZZARELLO JAMES
11 18-5109-3852 LYNN JR & BRONWYN HILL 8927 Ech Valley Dr Houston TX 77055
HOUSING AUTHORITY
12 18-5109-3863 OF SOUTH BEND 1121 ST. LOUIS 501 S Sc gtt St South Bend IN 46601
1129 ST. LOUIS
13 18-5109-3861 REDDING JULIA CARTER BLVD 1129 N S Louis BI South Bend IN 46617
NOLAN DENIS AND
14 18-5104-3607 CATHERINE 701 ST VINCENT 701 St Vi ncent South Bend IN 46617
NOLAN DENTS AND VAC LOT 69 ST
15 18-5104-3606 CATHERINE LOUIS 701 St Vi I cent South Bend IN 46617
RYAL JOHN MICHAEL & VAC LOT 63 N ST
16 18-5104-3621 ERIN LEE PETER 1105 N S PETER ST South Bend IN 46617
BASS F LESTER ETAL
17 18-5110-3934 BASS FRANKPETMISC 1109 HILL 1109 HIL ST South Bend IN 46617
18 18-5109-3856 1 G LLC 1110 HILL 1755 S H yes St #A Arlington VA 22202
ALEXANDER WILLIAM H.
19 18-5109-3866 AND LENORA A., LOT 8 ST. LOUIS 1313 E C ampeau St South Bend IN 46617
ALEXANDER JOHN &
20 18-5109-3865 DEBRA ST. LOUIS 1117 N S Louis Blvd South Bend IN 46617
t
~~I
J
Q~
~'
0~
`~
~ '
D~~
b,
BASS TRACY L AND
CRYSTAL M LF EST
21 18-5110-3935 WILFOR 1107 N. HILL 1109 HILL ST South Bend 1N 46617
HOUSING AUTHORITY
22 18-5110-393101 OF SOUTH BEND 1127 HILL 501 S Sc tt St South Bend IN 46601
23 18-5109-3853 1G LLC 1118 HILL 1118 Hill South Bend IN 46617
CIVIL CITY OF SOUTH 14th Floo County-City
24 18-5109-3854 BEND 1118 HILL Bldg ( South Bend IN 46601
ALEXANDER JOHN R &
25 18-5109-3864 DEBRA E 1117 ST. LOUIS 1117 N S Louis Blvd South Bend IN 46617
HOUSING AUTHORITY
26 18-5110-3933 OF CITY OF S. B. 1121 HILL 501 S Sc tt St South Bend IN 46601
GREATER HOLY TEMPLE 1131 ST. LOUIS
27 18-5109-3860 COGIC BLVD 710 E Na oleon Bfvd South Bend IN 46617
28 18-5109.3850 SCHROETER DAVID J 1128 HILL 15817 A HVILLE LN Granger IN 46530
AMEDURI ROCCO AND
29 18-5122-4331 JULIA 612 PEASHWAY 612 Peas way South Bend IN 46617
WAYMOUTH ROBERT H
30 18-5122-4333 AND ADELA M 620 PEASHWAY 620 Peas way St South Bend IN 46617
JEFFERIES PROPERTIES
31 18-5122-4334 LLC 626 PEASHWAY 9722 E C chise Scottsdale AZ 85258
REINEKE JAN R & MARY
32 18-5122-4336 E 632 PEASHWAY 3431 T kenham South Bend IN 46614
NORTON JOHN E &
ELLEN M & NORTON Downers Grove IL
33 18-5122-4337 DONALD 636 PEASHWAY 6040 Bro kbank Rd 60516
KLOSKA ROBERT L &
34 18-5104-3619 MARGARET M 1121 N ST PETER 1121 N S Peter St South Bend IN 46617
ROONEY CHRISTOPHER 6006 W agle Lake
35 18-5109-3851 T 1126 HILL Rd Peotone IL 60468
36 18-5109-3862 REDDING JULIA CARTER ST LOUIS 1129 N S Louis BI South Bend IN 46617
1127 N ST PETER
37 18-5104-3618 BUFILL JOSE A ST 1121 N N THE DAME South Bend IN 46617
HOLY TEMPLE CHURCH VAC LOT 65-66-
38 18-5104-360301 OF GOD IN CHRIST INC 67ST LOUIS 710 E Na polean St South Bend IN 46617
SHEPHERD
39 18-5104-3617 CHRISTOPHER E 718 NAPOLEON 51860 Fo dale Ln Granger IN 46530
MASSA JOSEPH A &
40 18-5122-434404 ROSEMARY 535 NAPOLEON 535 Nap leon St South Bend IN 46617
601 E. Los Angeles CA
41 18-5122-4338 VO KHANH & JERRIE NAPOLEON PO Box 5 1171 90053
LIU JERRY B & OANH N 605 E.
42 18-5122-4339 VO-LIU NAPOLEON BL 1836 N 11~ ilmont Chicago IL 60647
KIRK WILLIAM &
43 18-5122-4340 ELIZABETH 609 NAPOLEON 1126 E I ington Ave South Bend IN 46614
MICHIANA PROPERTIES 613 NAPOLEON
44 18-5122-434001 LLC ST 1919 S M chigan St South Bend IN 46613
MICHIANA PROPERTIES
45 18-5122-4341 LLC NAPOLEON 1919 S M chigan South Bend IN 46613
FRESE J MATTHEW &
46 18-5122-4342 DAWN 617 NAPOLEON 26424 Eu ice St South Bend IN 46628
JONES VICTOR AND
47 18-5122-4343 ERNESTINE 621 NAPOLEON 621 Napo can South Bend IN 46617
1205 SO ST.
48 18-5122-4344 MANDRICI ROSEMARY LOUIS 820 Peas way South Bend IN 46617
1206 N. ST.
49 18-5123-4392 DOUGLAS JOHN R LOUIS BL 1206 N S Louis Blvd South Bend IN 46617
SWEENY RYAN M & 9363 HIG MEADOW
50 18-5123-4391 SUSAN M 705 NAPOLEON RD Allison Park PA 15101
GRESWICK JOEL V. AND
51 18-5121-4316 PAULINE M. 529 NAPOLEON 23851 Mi t Ct. South Bend IN 46614
MCFADDEN TERENCE M 709 NAPOLEON
52 18-5123-4390 & LAURIE E BL 209 Peas way South Bend IN 46617
CESULKA LEONARD H & 713 E.
53 18-5123-4389 GEORGIANA I NAPOLEON 718 E. N poleon Blvd. South Bend IN 46617
RAPPELLI JOHN &
LEONA AND MANDRICI
54 18-5123-4369 ROSEM 704 PEASHWAY 704 Peas way South Bend IN 46617
ERNSPERGER WILLIAM
55 18-5123-4371 & JANICE K 712 PEASHWAY 14160 Te bury Dr Granger IN 46530
~~
~~
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
July 18, 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 of Greater Holy Temple Church of God in Christ
BZA 7/17/08
Dear Council Members:
The above referenced petition of Greater Holy Temple Church of God in Christ was legally advertised on
July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the
following action was taken:
Upon a motion by Ms. Wilder-Hamilton, being seconded by Mr. Kilbase and unanimously carried,
the petition for Special Exception to allow off site parking in a "SF2" District, on property located
at 1129 N. St. Louis, 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.
Sincerely
~~
Charles C. Bulot
B~iilding Commissioner
CCB/cah
GREATER HOLEY TEMPLE CHURCH
OF GOD IN CHRIST (1129 N. St. Louis)
(off site parking)
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE PROPOSED L'SE WILL NOT BE IN.TURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT.
CON[ML'NITl' MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to
not Uein ~ injurious to the puUlic health, safety, morals, and general welfare of the community.
?. THE PROPOSED USE ~~ILL 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 neighhorhood and will not devalue the surrounding
properties.
.. 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 C'OAIPREHENSIL'E PLAN BECAUSE:
It is the feeling of the Board that the variance is hlending into the overall Comprehensive Plan and is not
deviatin_ from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall he passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 17TH Dav of JULY, 2008
1'ES NO
® RICHARD KILB ASE
® CHRISTOPH HOFFMAN
ABSENT DAVID SASSANO
® MAURICE HOBAI~I
® ELONDA WILDER-HAMILTON