HomeMy WebLinkAboutSpecial Exception - 318 S. KenmoreAttest:
RESOLUTION
3558 -06
Passed by the Common Council of the City of South Bend, Indiana
February 13,
06
20_.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 14,
06
20—.
Approved and signed by me FEBRUARY 14
City Clerk
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RESOLUTION NO. 3 S S 0 ` 0,�
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
318 SOUTH KENMORE
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 318 South
Kenmore in order to permit Off Site Parking.
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:
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;
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 and approval by the Mayor.
PRESENTED 2i- 0.S
NOT APPROVED
:ADOPTED
Member of the Corgrg n Council
riled In Office
D EC 2 8 2005
JOHH %,000E
Cm CL.EM so, BEND,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06 -11 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 381 SOUTH KENMORE
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 as
amended by a change of address in the title which should be 318 South Kenmore.
Roland Kelly
Chairman
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME i_ _QI�,Y,��, uc'j� . 601C� PHONE
ADDRESS (� sUS V\ -e- nrf10C��(�
ADDRESS OF PROPERTY
PRESENT
OWNER'S
ADDRESS
ZONING OF PROPERTY
NAME V1Y1e C,
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PHONEC6 14)
COUNSEL
ADDRESS
OR CONSULTANT
PHONE
NATURE OF APPEAL, VARIANCE,
OR SSPECIAL EXCEPTION:
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I attest under the penalties for perjury, that the foregoing representations are
true.
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Laymen Chapel Christian Methodist Episcopal Church
303 South Kenmore Street • South Bend, Indiana 46619 • (574) 287 -2500 - Terrell A. Jackson, Pastor
December 28, 2005
To The Board of Zoning
Laymen Chapel CME Church of South Bend, Indiana seeks a special exception for an
offshe parking lot, and a variance from the required 6' screening to a 3' hedge because of
safety.
A. The proposed use will not be injurious to the public health, safety, comfort,
community standards, convenience or general welfare. Landscape and ample
lighting will be a major improvement for this community.
B. The proposed used will not injure or adversely affect the use of the adjacent
area or property values, because substantial landscape will be more than
acquit for the beautify the area. Lessen the congestion of off street parking.
C. The unpaved parking lot will continue to be an eye sore in the community and
not allowing the improvement to public safety if the zoning ordinance strictly
applied. A paved surface would be easier to maintain and less hazardous on
vehicles that are parked there now.
D. It will bring more persons to the church and community.
Thank you for your consideration in this matter
Yours truly,
Reverend Terrell A. Jackson
Pastor
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BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAx: (574) 235 -5541
January 20, 2006
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
BZA 1/19/06
The petition of Laymen Chapel CME Church seeking a Special Exception for off site
parking, on property located at 318 S. Kenmore St. This property is zoned "SF2"
Dear Council Members:
The above referenced petition of Laymen Chapel CME Church was legally advertised on
January 5, 2006. The Board of Zoning Appeals gave it a public hearing on January 19, 2006, at
which time the following action was taken:
Upon a motion by Mr. Kilbase, being seconded by Mr. Sassano and unanimously carried,
the petition for Special Exception for off site parking, on property located at 318 S.
Kenmore St., is sent to the South Bend 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
Assistant Zoning Administrator
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