HomeMy WebLinkAboutSpecial Exception - 736 Country Club LaneAttest:
RESOLUTION
3687 -07
Passed by the Common Council of the City of South Bend, Indiana
January 22,
A
20 07
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 23,
Approved and signed by me
20 07
January 24
2007 .
City Clerk
RESOLUTION NO. 3 (<) R � — 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 AT 736 COUNTRY CLUB LANE
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: 736 Country
Club Lane, South Bend, Indiana 46615. Lot 18 -5141 -5129, or Lot 11 Morris Country
Club Add.
in order to permit a Special Exception for an accessory dwelling. We would like to finish
out the existing space over our stand alone garage as living space. This living space will
primarily be used as a home office. We may also use it to house an occasional guest
visiting us on a short term basis. This space will be heated and include a bathroom. This
will not be used as a rental unit. It will be used for our own personal use only.
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;
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 and approval by the Mayor.
PRESENTED , I`����
NOT APPRO.VEd
ADOPTED _u
O�
Member of the on Council
Filed In Clerk's WIN
t'lOV 2 9 2006
E
JOHN S
CITY CLERK, , O. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07 -02 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 736 COUNTRY CLUB LANE
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.
Karen L. White
Chairperson
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME: John and Kathleen Anthony PHONE: (574) 232 -4622
ADDRESS: 736 Country Club Drive, South Bend, IN 46615
ADDRESS OF PROPERTY: 736 Country Club Drive, South Bend, IN 46615
PRESENT ZONING OF PROPERTY: Residential
OWNER'S NAME: John and Kathleen Anthony PHONE: (574) 232 -4622
ADDRESS: 736 Country Club Drive, South Bend, IN 46615
COUNSEL OR CONSULTANT: Chris Hebron PHONE: (574) 340 -4358
ADDRESS: 54681 Terrace Lane, South Bend, IN 46635
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
We are seeking a Special Exception For an accessory dwelling. We would like to finish
out the existing space over our stand alone garage as living space. This living space will
primarily be used as a home office. We may also use it to house an occasional guest
visiting us on a short term basis. This space will be heated and include a bathroom. This
will not be used as rental unit. It will be used for our own personal use only.
I attest under the penalties for perjury, that the foregoing representations are true.
0==�� Jo J. Anthony K thleen W. Anthony
Signature of Property Owners
Filed In Cleo " Olt Ce
DEC - 4.
JONtI 4 1 RD IN.
Cm( CLERK,
LETTER TO THE BOARD OF ZONING APPEALS
CITY OF SOUTH BEND
NOVEMBER 28, 2006
To the Board of Zoning Appeals,
We are seeking a Special Exception For an accessory dwelling. We would like to finish
out the existing space over our stand alone garage as living space. This living space will
primarily be used as a home office. We may also use it to house an occasional guest
visiting us on a short term basis. This space will be heated and include a bathroom. This
will not be used as rental unit. It will be used for our own personal use only.
In addressing the various standards you must consider when approving a variance,
we offer the following information:
a. Why the approval will not be injurious to the public health, safety, morals, and
general welfare of the community: We are simply finishing out existing square
footage over our stand -alone garage. There will be no change to the physical
structure. The garage is located at the top of our driveway on a quiet residential
street. The house is set back from the street approximately 100 feet, and the
garage is set back another 50 from the front of the house. There should. be no
effect on our neighbors or others in the community.
b. 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.
Again, we are making no changes to the existing physical structure of the garage.
We are simply finishing off the interior space to include heat and a bathroom.
c. Why the strict application of the terns of the zoning ordinance will result in
practical difficulties in the use of the property.
My husband owns his own business and thus, works many long nights and
weekends. It is imperative that he has an office space which is quiet and not
accessible to our children. We do not have an alternative space inside the main
house.
d. The proposed use is compatible with the recommendations of the City of South
Bends Comprehensive Plan
As stated above this project will in no way diminish the surrounding
neighborhood. Our sole intention is make this 1940's residence more compatible
with the demands of our modern family.
Jo J. Anthony Kathleen W. Anthony
IV f� yo
Cl,.
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LIST OF NAMES AND ADDRESS OF
PROPERTY OWNERS WITHIN 300 FEET OF 736 COUNTRY CLUB LANE
(THE PROPERTY IN PETITION)
Key #, Name, Address (city, state and zip for all properties are South Bend, IN 46615,
except as noted below)
18 -5141 -5124
Connolly, Mary V.
760 Country Club Lane
15 -5141 -5125
Brickley, Robert H. and Corlina A.
754 Country Club Lane
15- 5141 -5126
Cullinan, Matthew and Reilly, Anna
1154 East Colfax, South Bend, IN 46617
15 -5141 -5128
Bowles, Jason and Audrey
740 Country Club Lane
15 -5141 -5129
Property under Petition
736 Country Club Lane
18 -5141 -5130
Gyorgyi, John C. Revocable Trust
722 Country Club Lane
18 -5141 -5131
Roemer, Mary C
718 Country Club Lane
18 -5141 -5132
Tawadros, Milad A.
714 Country Club Lane
18 -5141 -5133
Binder, Fred A. and Terese M.
620 N. Ironwood
18 -5141 -5131 Troeger, Earl and Constance J.
706 Country Club Lane
18- 5141 -5151 Green, Karen
765 Country Club Lane
18 -5141 -5151 McMahon, Ellen V.
722 N. Ironwood
r.
18 -5141 -5152
Bush, Hugh G. and Irene
714 N. Ironwood
18 -5141 -5153
Crance, James H. and Beverly J.
705 Country Club Lane
18 -5141 -5156
Sheetz, Kenneth L. and Carol J.
747 Country Club Lane
18 -5141 -5155
Gilmore, Gregory A. and Patricia
7187 N. Point Rd.
New Carlisle, IN 46552
18 -5141 -5154
Swigart, Edwin E. and Martha I.
721 County Club Lane
18 -5064 -2251
Woodland Inc.
C/O Morris Park Country Club
2200 McKinley Ave.
South Bend, IN 46615
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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
Fnx: (574) 235 -5541
December 21, 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 12/21/06
The petition of John and Kathleen Anthony seeking a Special Exception for an accessory dwelling
in a "SF1" district on property located at 736 Country Club Drive. Zoned "SF1"
Dear Council Members:
The above referenced petition of John and Kathleen Anthony was legally advertised on December 7,
2006. The Board of Zoning Appeals gave it a public hearing on December 22, 2006, at which time the
following action was taken:
Upon a motion by Mr. Sassano, being seconded by Mr. Hoban and unanimously carried,
the petition for Special Exception for an accessory dwelling in a "SF1" district, on property
located at 736 Country Club Drive, 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,
Gl /Q%�/ ' 73iell�
Donald F. Fozo, C.B.O
Building Commissioner
DFF /cah
C4,1 ,5; moron
(6-7Lt) 3ti 0- ?�/q
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that we, John and Kathleen
Anthony, residents of the City of South Bend, St. Joseph County, State of
Indiana, do hereby constitute and appoint Chris Hebron or Tony Hebron, to be
our true and lawful attorney -in -fact with full power in our name and stead for and
on our behalf to represent Homeowners John and Kathleen Anthony before any
commission meeting that the City of South Bend, Indiana may have including its
Common Council for the purpose of obtaining approval of Special Exception for
any development with regard to 736 Country Club Lane, South Bend, IN 46615.
hereby ratify all that my said attorney -in -fact shall lawfully due or cause
to be done by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th
day of January, 2007.
01_rl�
Joh J. Anthony
Kat teen W. Anthony
STATE OF INDIANA
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County
and State, came (Owner's name) and acknowledged the execution of the
above Limited Power of Attorney. Witness my hand and official seal, this
(enter current date). -
My Commission Expires:
ignat a of Notary Public)
MATTHEW N. KAISER
w un
St. Joseph Co 1Y
: M y Commission Expires
March 21, 2014