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HomeMy WebLinkAboutSpecial Exception - 609 LaSalle St.Attest: RESOLUTION 4434 -15 Passed by the Common Council of the City of South Bend, Indiana April 13, 15 2Q-. City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 14, 2015 Approved and signed by me Ale, 20 1f ` City Clerk RESOLUTION NO. 3� 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 609 LaSalle Street South Bend, IN 46617 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: in order to permit 609 LaSalle Street South Bend, IN 46617 Special Exception Use for 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 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. Member of the Common Council PRESENTED3 --1 Y f4OT APPROVED ADOPTED 4 �3 4 r Filed in Clerk's Office FEB A Z616 JOHN VOORbE CITY CLERK, SOUTH BEND, IN i TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -17 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 609 LASALLE STREET, SOUTH BEND, INDIANA 46617 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with no recommendation due to the petitioner not attending the meeting. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole ALLIANCE St. Joseph Catholic Parish 226 North Hill St. South Bend, IN 46617 574 - 234 -3134 February 10, 2015 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: St. Joseph Catholic Parish Special Exception and Variance Request The undersigned appellant respectfully shows the Board: 1. I, Rev. Kevin Russeau, C.S.C., am the Pastor of St. Joseph Catholic Parish, the owner of the following described real estate (Zoned - Mixed -Use District) located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to wit: See Attachment "A" 2. Statement of Special Exemption and Variances Requested and Reason for Request See Attachment "B" 3. Standards for Special Exemption I.0 39 -7 -4 -918.4 and Variance I.C. 36 -7 -4- 918.5: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Gymnasium /Classroom addition will add an important amenity to the existing school. The addition, along with new site improvements will greatly enhance the Parish campus, the adjacent neighborhood and surrounding community. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; All Parish campus properties have been upgraded or are planned to be upgraded, including the addition of off -site parking. St. Joseph Catholic Parish Special Exception and Variance Request Letter of Petition Page 2 iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and The Parish campus development improvements will complement the existing mixed -use, urban infill district. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Parish campus use is compatible with the City of South Bend Comprehensive Plan. 4. Appellant gives permission to William R. Lamie, architect with Alliance Architects, Inc. to present our petition. Rev. Kevin Russeau, C.S.C., Pastor St. Joseph Catholic Parish 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment " A " ALLIANCE SAINT JOSEPH PARISH GYMNASIUM and SCHOOL ADDITION February 10, 2015 STATEMENT OF PARCEL LEGAL DESCRIPTIONS Group "A" Parcel ID # , E:II.7�I�i- 111111 1 018 - 5009 -0264 018 - 5009 -0275 Group "113 Parcel ID # Legal Description Lot 123 0 P Lowell & 1/2 Vac Alley N & Adj Lots 124 125 & 126 & S 1/2 Vac Alley Adj Lot 124 0 P Lowell 33'W End Ea Lots 131 & 132 Ex 8' N End Lot 1310 P Lowell Legal Description 018 - 5006 -0131 Lots 133 134 135 136 137 138 & W 1/2 Vac Alley E & Adj & 7 X 88' Vac Alley W & Adj To Lot 144 & Pt Lot 143 0 P Lowell 99 -00 Vac Ord #8888 - 8999 -00 Split Fr 18- 5006 -0152 018 - 5006 -0137 Lot 1 & E 1/2 Vac Alley W & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0139 Lot 3 & E 1/2 Vac Alley W & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0142 Lot 6 & E 1/2 Vac Alley W & Adj & N 1/2 Vac Alley S & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0145 S 1/2 33x66 Ft Se Pt Lot 139 0 P Lowell 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment" All Page 2 018 - 5006 -0146 Lot 140 & 12'W End Lot 141 & N 1/2 Vac Alley S & Adj O P Lowell 99 -00 Vac Ord #8888 -98 Parcel ID # Legal Description 018 - 5006 -0149 S 1/2 90 Ft E End Lot 141 & N 1/2 Vac Alley S & Adj O P Lowell 99 -00 Vac Ord #8888 -98 018 - 5006 - 015001 Lot 142 & N 44' Lot 143 & S 1/2 Vac Alley N & Adj & E 1/2 Vac Alley W & Adj O P Lowell 99 -00 Vac Ord #8888 -98 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.a Ilia rch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment" B" ALLIANCE SAINT JOSEPH PARISH GYMNASIUM and SCHOOL ADDITION February 10, 2015 STATEMENT OF SPECIAL EXEMPTION AND VARIANCES REQUESTED AND REASON FOR REQUEST AREA — A 1. Seeking a Special Exception Use for Off- Street Parking Areas located within five hundred (500) feet, of the AREA -B building, structure or use served by the off - street parking at AREA -A (69 spaces). 2. Seeking a Variance from the required Front Yard parking areas setback(s) along LaSalle Avenue and Hill Street of 20' to 5' at LaSalle Avenue and 6.5' at Hill Street. 3. Seeking a Variance from the required Side Yard parking area setback along the east property line of 15'to 5'. 4. Seeking a Variance from the required Interior Off- Street Parking Area Landscaping Screening along LaSalle Avenue, Hill Street and east property line to zero (0). 5. Seeking a Variance from the required Interior Off- Street Parking Area Landscaping Island of 1 per every fifteen (15) parking spaces to zero (0). 6. Seeking a Variance from the required Landscaping of Required Perimeter Yards with Deciduous Shade (1/40 or Ornamental Trees (1/25 to zero (0). 7. Seeking a Variance from the required Bike Rack if greater than fifty (50) total parking spaces sized for one (1) bike space for every ten (10) parking spaces to zero (0). REASON The parking lot is existing and was completed in October 2014 in anticipation of the Parish's new School building addition. The lot has sixty -nine (69) parking spaces, which are necessary to provide for the normal parking demands of the Parish, including the loss of thirty (30) off - street parking spaces on AREA -B. 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment " B " Page 2 AREA — B 1. Seeking a Variance from the required minimum number of Off - Street Parking for AREA -B of four hundred thirteen (413) to eighty-four (84). 2. Seeking a Variance from the required Fence in a Front Yard maximum height of four (4) feet along St. Louis Boulevard to six (6) feet. 3. Seeking a Variance from the required Minimum Front Facade Height of twenty-two (22) feet along St. Louis Boulevard to sixteen (16) feet. REASON The Parish is expanding its existing School building by adding a 16,000 sf Gymnasium and Classroom onto the east side of the School. Site development includes the relocation of the School's playground /activity area to the northeast corner of the site and new access drive, fifteen (15) parking spaces and paved plaza. Forty -five (45) existing off - street parking spaces are being removed and replaced by fifteen (15) spaces in the new design. Safer student - vehicle circulation is planned by creating a more efficient student drop -off /pick -up driveway zone and a fenced -in playground /activity zone. The taller six (6) fee fence along St. Louis Boulevard will better protect the students. The reduction of off- street parking from forty -five (45) to fifteen (15) parking spaces is supported by AREA -A's sixty-nine (69) parking spaces and the Parish Ackles Center's seventy (70) parking spaces, located directly east of AREA -B. The total combined off - street parking spaces provided equal one hundred fifty -four (154). Based on 2014 Parish Census Data provided to the Catholic Diocese of Fort Wayne -South Bend, the dissimilar peak -time parking demands are as follows: Weekday Daytime Use School W. Church - Dailey Mass 30 Ackles Center 15 Church — Funeral 80 TOTAL 151 Weekday Evening Use Parish Council 18 ICCL Gym Activities 52 TOTAL 70 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch,com St. Joseph Catholic Parish Special Exception and Variance Request Attachment" B" Page 3 Weekend Use (not simultaneous Church — Sun Mass 80-130 Parent Night 80-130 Fish Fry 80-130 TOTAL (avg.) 80-130 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com LAWRENCE P. MAGLIOZZI F S F O'u'r I F F. DI H 1. C TOR Angela M. Smith Il e, ull Di. c, Io, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 11S 9571 February 19, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, March 4. 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances (IC 36 -7 -4- 918.5) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of J.A. Mirkin Realty, Inc. Staff recommends DENIAL of the requested variances from the sign ordinance. The intent of nonconforming lots, uses, buildings, structures or signs clearly states that these uses only be allowed to continue until they are removed, but not to encourage their survival. The ordinance further states that the removal of a sign structure or sign cabinet shall be deemed definitive evidence that such sign requires work beyond normal and routine repair and maintenance, and such sign shall not be reconstructed except in conformity with the provisions of the ordinance. By removing the cabinet of the manual reader board the sign lost its legal non - conforming status and is required to come in to conformance with the current sign ordinance. The development criteria in zoning ordinances are established to create uniform standards for all like properties within a specific area or zoning designation. Granting the variance weakens the effectiveness of the current ordinance and sets a precedent for all other legal non- conforming signs to continue in perpetuity, a direct conflict with the intent of the Ordinance. The petitioner has presented no practical difficulties to support the variance request. There are no unique characteristics on or off the site to warrant additional height or square footage variances. SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W I I,O 311 M C O U N T I... l A N 1 C O X l A F 1 A I L AN 18. Petition of St. Joseph Catholic Parish. Based on information available prior to the Board meeting, the staff recommends the special exception use be sent to South Bend Common Council with a FAVORABLE recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use is designed to increase the overall onsite parking for a long established institution in the community, which will serve to enhance the public safety 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. The proposed use should not affect the use or value of adjacent properties since a large portion of the site was previously used for parking and auto - oriented uses. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The off -site parking area is a consistent and compatible land use with the institutional uses located in the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan makes no reference to this specific use. The City Plan, South Bend's Comprehensive Plan (November 2006) identifies this site as mixed use. Staff recommends DENIAL of the landscaping variances requested. This area has seen a significant amount of redevelopment in the past several years. Site landscaping and, more importantly, parking screening are critical to establishing a sense of place. Screening the parking not only provides a buffer for surrounding uses, but makes sure the use of the site fits in with the overall character of the area that has been carefully and thoughtfully pursued. The required landscaping continues the responsible development and growth of the neighborhood. Sincerely, �J4 Ang a M. Smith Deputy Director SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND .ww. I,., I rM C O VN I VIND.. a A, 1 O M I• I I., I ♦ N AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 March 5, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception St. Joseph Catholic Parish ABZA 3/4/15 Dear Council Members: The above referenced petition of St Joseph Catholic Parish was legally advertised on February 19, 2015. The Area Board of Zoning Appeals gave it a public hearing on March 4, 2015, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Matthys and by a 4 -0 vote, the petition for Special Exception to allow off street site parking, on property located at 226 N. Hill St. and 609 E. LaSalle Ave., 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. Sincea�/' Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF ST. JOSEPH CATHOLIC PARISH SPECIAL EXCEPTION AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being it furious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL 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 SPECIAL 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 SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY 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 this Board that this request for SPECIAL USE shall be passed onto the South Bend Common Council with a: FAVORABLE RECO@IIKENDATION ADOPTED this 4TH Day of MARCH, 2015. YES NO © MICHAEL URBANSKI ® GERALD PHIPPS ® RANDALL MATTHYS ABSUN BRENDAN CRUMLISH ® KATHY SCHUTH ABSENT JACK YOUNG ABSENT ROBERTHAWLEY