HomeMy WebLinkAboutSpecial Exception - Lot J Belleville Gardens, West of Dogwood & S. Parkway South Bend, INAttest
RESOLUTION
NO. 2507 -97
Passed by the Common Council of the City of South Bend, Indiana,
September 8, 19 97
Clerk
President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
September 9, ,,, 97
City Clerk
Approved and signed by me September 9, 1997 _
Mayor
RESOLUTION NO. r nl / /
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
Lot J, Belleville Gardens, west of Dogwood and S. Parkway, South Bend, Indiana 46619
(mailing address: 159 N. Summit Drive, South Bend, IN 46619)
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 thirty (30) 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
Lot J, Belleville Gardens, west of Dogwood and S. Parkway, South Bend, Indiana 46619
(Mailing address: 159 N. Summit Drive, South Bend, IN 46619)
in order to permit a fair and carnival in "A" Residential.
Section H. 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 approval will not be injurious to the public health, safety, morals, and general
welfare of the community;
2. The use and value of the area adjacent to the property included in the special exception
will not be affected in a substantially adverse manner;
3. The need for the special exception arises from specific conditions peculiar to the
property involved;
4. The strict application of the terms of the Zoning Ordinance will constitute an
unnecessary hardship if applied to the property for which this special exception is sought; and
5. The approval does not interfere substantially with the, Comprehensive Plan adopted by
the City of South Bend.
Section W. 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. This 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
PRESENTED q-9-17
NOT APPROVED
ADOPTEtl q -gam 9 7
Filed in Clerk's Office
J U L 2 9 1997
LORETTA J. DUDA
CITY CLERK, SO. BEND, Rd.
Polish National Catholic Church
159 North Summit Drive
South Bend, Indiana 46619
(219) 287 -9381
SRUfH S1RtIGG[F
FORM
July 29, 1997
The South Bend Common Council
South Bend, Indiana
Dear Members of the Common Council:
St. Mary's Parish is submitting the attached Resolution as
we are seeking a special exception to be granted to our property
located at Lot J, Belleville Gardens, west of Dogwood and S.
Parkway, in South Bend, Indiana in order for us to have our first
festival/ carnival. This submission is in accordance with State
and City Code in order for us to have such an event in "A"
Residential.
We are planning this festival with families and children in
mind and believe it will benefit our community.
Sincerely,
P-4q✓ C4� O D° 7712
Rev. Charles Zawistowski, Pastor
Filed in Cleric's ®Vficc
i L 2 9 1997
LORMA J.
-- UDA
CRY CLERK, SO. BEND, Rd.
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME St. Mary's Polish National Catholic Church
ADDRESS 159 N. Summit Dr., South Bend, IN 46619
PHONE287 -9381
ADDRESS OF PROPERTY Lot J Belleville Gardens (9.112 acres) See Plat
PRESENT ZONING OF PROPERTY A -
OWNER'S NAME St. Mary's Polish National Catholic Church
ADDRESS 159 N. Summit Dr., South Bend, IN 46619
COUNSEL OR CONSULTANT none
ADDRESS
PHONE 287 -9381
PHONE
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a special
exception to allow a fair /carnival in "A" Residential. (Sec. 21- 112(5) of
the South Bend Municipal Code)
I attest under the penalties for perjury, that the foregoing representations ar
true.
R&, ems" 10/-�5
Signature of Property Owner(s)
WRITTEN STATEMENT DEMONSTRATING THE MEETING OF STANDARDS FOR
SPECIAL EXCEPTION, EXPLAINING AND JUSTIFYING THE REQUEST
Approval of a special exception for a fair /carnival will not be injurious to public health, safety,
morals or the general welfare of the community.
The use and value of the area adjacent to the property will not be affected in a substantially
adverse manner. All activities, including parking, will take place on the property. Events should
be concluded by 10:00 p.m. each evening. Alcohol will not be sold or permitted on the property.
The need for the special exception arises from the property being located in the City of South
Bend, Indiana and being zoned "A" Residential.
The strict application of the terms of the zoning ordinance will constitute an unnecessary
hardship as the parish would not be able to hold a major fund- raising endeavor.
The approval of a special exception does not interfere substantially with the comprehensive plan
adopted by the City of South Bend.
St. Mary's Parish, Polish National Catholic Church
Rev. Charles Zawistowski, Pastor
July 15, 1997
To Whom It May Concern
Aald &more ;� 6fixi a
RE: Property at Belleville Park
A �IvLrchaelD�szkie
ou rrrle��o
The Park Department agrees to allow St. Marys of the Holy Rosary Polish
of
SOUTH BEND
Foresr'erK
x
PARKS &RECREATION
Bend. We also see no them to use our Mayflower Road
allowing problem in
P g
n �
235 -9414
parking lot and entrance. If you have any questions please feel free to contact me
z -
at 235 -9414.
DEPARTMENT
t1w,Nw•
t�-
r
Jim Byers
Maintenance Superintendent
i Zoo D rrecror
•a,�,:,;,,r
Johnny Martinez
Stephen J Lue... Mayor
235 -9800 rnN.Y
Fiscal Officer
Bill Carleton
235 -9401
Director of Golf F
July 15, 1997
To Whom It May Concern
Aald &more ;� 6fixi a
RE: Property at Belleville Park
A �IvLrchaelD�szkie
The Park Department agrees to allow St. Marys of the Holy Rosary Polish
Catholic Church use of a minimum of one acre of their property at Belleville
Foresr'erK
Park. Belleville Park is located at 4802 Meadow Lane on the West side of South
,
"'13rentThompso
Bend. We also see no them to use our Mayflower Road
allowing problem in
P g
n �
235 -9414
parking lot and entrance. If you have any questions please feel free to contact me
z -
at 235 -9414.
t,
Recreanon Daector
� `
t1w,Nw•
Susan O Connor ��
i 235 2328
r
Jim Byers
Maintenance Superintendent
i Zoo D rrecror
•a,�,:,;,,r
Johnny Martinez
235 -9800 rnN.Y
Fiscal Officer
Bill Carleton
235 -9401
Director of Golf F
Chad Kilmer
271 -9180
301 South St. Louis Boulmird South Bend, Indium 46617 - 219 -23i 9401 - Fax 219- 235 -9.331 . 7DD 235 -5567
727 South Pddp. Sourh Bend, Indiana 46615 219 - 23 5-9325 - Pax 219- 235 -5566
BOARD OF ZONING APPEALS
PROPERTY OWNERS LIST
PROPERTY OWNER ADDRESS
City of South Bend (Key 4 18 8136 4990) 301 S. St. Louis Blvd., South Bend; IN 46617
City of South Bend (Key 4 18 8136 4984) 301 S. St. Louis Blvd., South Bend, IN 46617
City of South Bend (Key 4 18 8136 4986)
301
S. St. Louis
Blvd., South Bend, IN 46617
Ronald M. & Beverly J. Matthys (Key 418 8136 498701)
1226
S. Mayflower Rd., South
Bend, IN 46619
Countryside Associates
c/o Lautrec, Ltd. (Key 1118 8151 549501)
P.O.
Box 339687,
Farmington Hills, MI 48333
Cheryl Barrette (Key 4 18 8136 4989)
1114
Mayflower Rd., South Bend,
IN 46619
Derek & Vanessa R. Ingole (Key 1118 8150 5376)
1117
Mynatt Ct.,
South Bend, IN
46619
Robert-Lee Trzas ows i & Lisa M. Mell
Chester W. Ruszkowski (Key 1118 8150 5377)
1109
Sylvan Ln.,
South Bend, IN
46619
Alma Faye Hill & Yvonne Thar s &
Bobs. Tharbs (Key 4 18 8150 5378)
1115
Sylvan Ln.,
South Bend, IN
46619
Stanley L. & Alice M. Machowiak (Key
18 8150 5379)
1121
Sylvan In.,
South Bend, IN
46619
Rolando M. & Deborah A. Hernandez Key
18 8150 5380)
1127
Sylvan In.,
South Bend, IN
46619
Shirley M. Willis (Key 4 18 8150 5381)
1201
Sylvan Ln.,
South Bend, IN
46619
Andrelo S. & Dawn M. Blevins (Key 1118 8150 53925
I
1024
Sylvan Ln.,
South Bend, IN
46619
Richard M. & Soledad A. Key
South Bend, IN
Cencelewski c/o Tower Service 1118 8150 5391)
404 Columbia P1,
P.O. Box 4428,
46634
Lee Gillespie & Belinda Phillips- Key
Gillespie (1118 8150 539001)
1115
Coleman St.,
South Bend, IN 46619
Murray Miller, -(Key 4 18 8150 538801)
1201
Priscilla Dr.,
South Bend,
IN 46619
Steven J. & Tammy Takacs (Key 1118 8150 5387)
1213
Priscilla Dr., South Bend,
IN 46619
Vivian L. Fink (Key 1118 8150 5386)
1219
Priscilla Dr., South Bend,
IN 46619
Thomas G & Cathy A. Roberts (Key 418 8150 5385)
1202
Sylvan Ln.,
South Bend, IN
46619 '
Larry C. & Mary E. Wall (Key 418 8150 5384)
1122
Sylvan Ln.,
South Bend, IN
46619
Robert Lee & Lynne Marie Claxton (Key 4
( 18 8150 5383)
1116
Sylvan Ln.,
South Bend. IN
46619
Jeanette L. Albert (Key 418 8150 5382)
1106
Sylvan Ln.,
South Bend, IN
46619 .
Stephen R. & Susan E. Weaver (Key 418 8150 5393)
1102
Coleman Dr.,
South Bend, IN
46619
Hamilton & Eleanor Haskel (Key 418 8150 5394)
1112
Coleman Dr.,
South Bend, IN
46619
Key #18 8150 53935
Jayne C. Borzsei c/o Marilyn J. Cooper
1118
Coleman.Dr.,
South Bend, IN
46619
Kleva Warren F. Life Estate of
Elaine I. Kelva (Key 418 8150 5397)
1130
Coleman Dr.,
South Bend, IN
46619
Patricia M. Zmu zins i
c/o Patricia Cain (Key 418 8136 498802)
1115
Dogwood Dr.,
South Bend, IN
46619
Theodore & Lorraine L Bertman (Key 418 8136 498801)
1017 Dogwood Dr., South Bend,
IN 46619
Alan D. Oglesby &
Judy A. Martin (Key 418 8134 4931
962 Sylvan Ln., South Bend, IN 46619
George & Adeline K. Nemeth (Key 418 8134 4930)
956 Sylvan Ln., South
Bend, IN 46619
BOARD OF ZONING APPEALS
PROPERTY OWNERS LIST
PROPERTY OWNER
Beverly J. Sieczko (Key #18 8134 4935)
Michael J, Wegenka (Key. #18 8134 4934)
ADDRESS
1019 Garden Ln., South Bend, IN 46619'
1025 Garden Ln., South Bend, IN 46619
David W. &.Suzann M. Abbott (Key #18 8134 4933)
1031
Garden Ln.,
South.Bend, IN 46619
Bend,
c/o
First Federal
Savings & Loan
Cynthia L. Boone (Key #18 8134 4932)
612
N. Main St.,
Rockford, IL 61103
Roscoe E. &.Alma Headlee (Key #18 8135 4958) 1022 Garden Ln., South Bend, IN 46619
Gary A. & Kathy A.
Sosinski (Key #18 8135 4959)
1028
Garden Ln.,.South
Bend,
IN 46619
Alton Vinson
(Key'
#18 8135 4960)
1032
Garden Ln.,
South Bend,
IN 46619
Richard E. &
Louise
M.
Carlton
(Key #18 8135 4961)
1038
Garden Ln.,
South Bend,
IN 46619'
4Key #
Patrick. R. &
Goldie
M. Ferraro 18 8135 4962)
1136
Dogwood'Dr.,
South Bend,
IN 466.19
Patrick R. &
Goldie
M. Ferraro (Key #•
(118 8135 496301)
1136.
Dogwood Dr.,
South Bend,
IN 46619
Thomas J. & Gertrude F. Bujeker (Key #18 8135
Thomas J. & Gertrude F.
Bujeker (Key #18 8135 4964)
Ronald & Gayle Ganus
(Key #18 8135 4965)
Mona D. Cranmer (Key #18 8150 53
4963) 1135 S. Parkway St., South Bend, IN 46619
1135 S. Parkway St., South Bend, IN 46619
1127 S. Parkway St., South Bend, IN 46619
1124 Coleman Dr., South Bend, IN 46619
BOARD OF ZONING APPEALS
OF THE CTTY OF SOUTH BEND
205 W. Jefferson Blvd.
Suite 100
South :Bend, Indiana 46601
2191235 -9554
August 22, 1997
The Honorable Common Council
County -City Building
South Bend, IN 46601
RE: Petition for Special Exception
BZA 8/21/97
The petition of St. Mary's Polish National Catholic Church seeking a Special Exception
to allow a fair /carnival in "A" Residential on property located on the west side of Dogwood
Drive. Zoned "A" Residential and in the "A" Height and Area.
Dear Council Members:
The above referenced petition of St. Mary's Polish National Catholic Church was legally
advertised on August 1, 1997. The Board of Zoning Appeals of the City of South Bend gave it a
public hearing on August 21, 1997, at which time the following action was taken:
Upon a motion by Ms. Watkins, being seconded by Mr. Borders and unanimously
carried, the petition for Special Exception to allow a fair /carnival in "A" Residential
on property located on the west side of Dogwood Drive at Garden Lane is sent to the
City of 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 are shown in the Minutes of the Public Hearing, and will be forwarded to you at a later
date, to be made a pert of this report.
Sincerely,
Donald F. Fozo, C.B.
Building Commissioner
DFF /cah
Filed In Clerk's Office
AUG 2 G 1997
LORETTA J. WDA
CITY CLERK, SO. BEND. IN
PETITION NO. ST. MARY'S NATIONAL POLISH CHURCH
SPECIAL EXCEPTION PURSUANT 21 -111
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND
FINDINGS OF FACT
1. The establishment, maintenance, or operation of the Special
Exception will not be detrimental to or endanger the public health, safety,
morals, comfort, or general welfare because:
A 100' setback from Residential Property for all activities will be maintained. Also,
this carnival is temporary only one weekend a year being held on 10 acres of property.
2. The Special Exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purpose already permitted,
nor substantially diminish and impair property values within the neighborhood
because:
Carnival is one weekend a year and temporary only. Parking will be on paved Belleville lot.
3. The establishment of the Special Exception will not impede the normal
and orderly development and improvement of the surrounding property for uses
permitted in the district because:
Carnival is only temporary one weekend a year, It will not continue Past 10.00 n m
nightly.
4. Adequate utilities, access roads, drainage and /or necessary facilities
have been or are being provided because: will be accessing through Belleville Park
off of Mayflower Road
5. Adequate measures have been or will be taken to provide ingress and
egress so designated as to minimize traffic congestion in the public streets
because: will be accessing through Belleville Park off of Mayflower Road.
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:
xxx Favorable Recommendation
Unfavorable Recommendation
No Recommendation
ADOPTED this 21st day of August 19 97
YES NO
RICHARD KILBASE
XXX CHRISTOPHER HOFFMAN
ALGIE OLDHAM
XXX DEWERY WATKINS
355F- BORDERS
CITY-
S-Y N
074-S 07 4.-
ir
SO
to
ru "erg
tA
lCk
C � v
41
Ar
G1 �
D
i a rn' - — p,ii 2;
Z~ `' =Ear
y _ 't
Co 74-f 4aC 7
4l, SAW
ol
f •
N
• o //V�//�Q�7. / . c
ot
r
e