HomeMy WebLinkAboutSpecial Exception - 121 North St. Louis Blvd.RESOLUTION
3718-07
Passed by the Common Council of the City of South Bend, Indiana
March 12,
07
20
Attest:
r
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 13, 20 07
City Clerk
March I4, 0~
Approved and signed by me 20
/~/~O ~/ / (~'' " Mayer
RESOLUTION NO. 3 ~ ~ ~ ~ ~~
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 121 NORTH 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: 121 North St.
Louis Blvd., South Bend, Indiana, 46617
in order to permit a Group Residence.
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 and approval by the Mayor.
Member of the Co n Council
PRESENTED ~ ~~ 2,- O
l~QT, .APPROVED
i
ADOPTED 3 - l L - ~
Filed in Clerk's Office
DEC 2 6 2006
J01~lN VOORDE
CITY CLEFIK, S0. BEND, IN.
,,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07-19 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 121 NORTH 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.
Karen L. White
Chairperson
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANTT'S NAME: Northern Electric Co., Inc. PHONE # 574-289-7791
ADDRESS 116 North Hill Street, South Bend, In. 46617
ADDRESS OF PROPERTY: 121 North Saint Louis Blvd., South Bend, In. 46615
OWNER'S NAME: Northern Electric Co., Inc.
ADDRESS 116 North Hill Street South Bend, In. 46617
CONSEL OR CONSULTANT
ADDRESS
PHONE
NAUTURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION
My name is Howard Dosmann, owner of Northern Electric Co. Inc which owns the
property at 121 North Saint Louis Blvd. I am request a Special Exception for a Group
Residence at the Saint Louis property to enable us to rent the home to a maximum of 4
collage students.
The property at one time had a second home listed as 121 '/z which I have removed. The
space now existing will allow for off street parking for the homes occupants.
We have owned the property since March Sa' 1993 and have held it as a single family
rental since purchase. My goal for my company which employees 31 people and is a
union shop, is to put us into a new 40,000 square foot building in the near future. In
order to achieve this, I have to maximize my investments. Your approval of my request
for a group residence will help move us forward.
Thank you for your consideration,
~_
Howard P Dosmann
12/14/06
.~f ~ ~~~~
~~~
Zoning Board of Appeals
City of South Bend
South Bend, IN.
To whom it may concern:
Northern Electric Company, Inc.
116 North Hill Street • South Bend, IN 46617
Phone (574)289-7791 • Fax (574)289-7795
12/26/06
I am the owner of Northern Electric Co., Inc. and have a rental home at 121 North Saint Louis
Blvd. South Bend, In. 46617. The home is now zoned Mixed Use and I am asking for a Special
Exception for a Group Residence. The home could accommodate a maximum of 4 residents. I
now have off street parking for one car and the property had a second home which I had torn
down a few years ago. This open area, as shown on our print is where I propose to put in
according to code, the additional paved parking. We have talked with several paving contractors
and are accepting bids to put in the additional parking at this time.
With the University of Notre Dame along with Saint Mary's University, Holy Cross
University and Indiana University all in this area, I see a need for off-campus housing. I have
attended meetings of other business owners in this area and many say if more people to lived in
the neighborhood, they would bring business to the eating establishments and retailers. The
additional people living in the area will also help reduce potential crime and will keep our East
Race side of the river vibrant by the residents becoming more involved in the City's activities.
The students from the above mentioned universities are people of good standing with high moral
values and the universities will oversee serious problems with their students living off campus.
Since 1967 my family has purchased property in this area and now owns the complete %Z
block on the east side of Hill Street between Washington and Colfax streets. My sister, brother
and I also purchased a home and property across the street from our shop to the west which
eventually was taken by the city under Eminent Domain at the time of building the East Race
Water Way. We were told the reason for this was to enable the city to control the development
on all vacant property on the East Race side of the river to the center of Hill Street.
The City then sold the property to a developer who went bankrupt during the building
process. The building was completed but was not successful in selling the units as condos and
the owner eventually set the units up as single family apartments, but it still did not generate
sufficient income. The building was sold to Dumus / Kramer Property's about three years ago,
and they changed the units into rentals for collage students. I have been told they are doing very
well. Only positive benefits have come from the addition of the students. We have had no
problems generated by the change and I have seen the residents of the building walking and
jogging in the area and parks and eating in several of the area restaurants.
Page 1 of 2
I purchased the St. Louis property on March 5, 1993 and have held it as a single family rental
since its purchase. Northern Electric Co., Inc. is directly west of the property we are proposing
for the Special Exception so the activities of the residents will be closely monitored and the
rental contract will have a clause acknowledging the Nuisances Tenants Law. With the off-street
parking and monitoring of the activities at the residence, there should be No Adverse Effect on
other property in the area.
The homes at 127 and 129 North Saint Louis Blvd. are immediately to the north of my
property. Both appear to be either apartments or group residences and have off street parking in
the back yard similar to what I am proposing. There is also a home across the street which
appears to be an apartment. Two other homes on the North half of the block have been changed
to small attorney offices and a professional office. The use of our property as a Group
Residence will not change the Character of the District
The home at 117 North St. Louis Blvd. South of my property has not been occupied for at
least two years now and is in a state of disrepair. It has been drawing derelicts who are sleeping
in the garage and using the back yard as a bathroom. If you approve my request for the Special
Exception I would be interested in approaching the owner of this home with an offer to purchase
and remodel this home. The home is in such a state of disrepair that the investment could not be
recouped by having a single rental family home. There are three other homes on the block to the
south which appear to be single family dwellings with the balance of the land owned by
Underwriters Laboratories of Northbrook, Il. Their land is being used as an unpaved parking lot
for their local facility.
The day my father purchased our original building in 1967, I asked him why he bought here
and his reply was "The city is going to jump the river", next year will be the 40 anniversary of
that talk and I believe this type of development might help spark the beginning of the jump. As
the population of people increases in this area, the businesses will follow. I believe our proposal
will be compatible with recommendations of The City of South Bend Comprehensive Plan
My goal for Northern Electric is to put this company into a new 40,000 square foot facility
within the next few years, in order to achieve this, I need to maximize my investments. We have
a sound reputation in the community and we believe this will be a positive move for Northern
Electric and The City of South Bend will benefit by having the students living, shopping and
entertaining within the city. Please consider this request and if any further information is
required please contact Howard Dosmann, President of Northern Electric Co., Inc.
574-289-7791.
ectfully su d,
oward Dosmann
President
December 26, 2006
Page 2 of 2
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
.DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
December 27, 2006
Northern Electric Company
116 N. Hill Street
South Bend, Indiana 46617
Attn: Howard Dosmann, President
Re: 121 N. St. Louis Blvd.
Dear Mr. Dosmann:
PHONE 5741 23 5-925 1
FAx 574/235-9171
TDD 574/ 235-5567
The Engineering Division, upon your Contractor's completed application,
will be glad to issue a permit for a driveway approach greater than sixteen feet wide to
the alley on the south side of the real estate at 121 North St. Louis Blvd. This will also
allow use of the alley as maneuvering space to access the parking spaces.
The standard for such an approach requires hard surface paving (asphalt or
concrete) from the St. Louis Blvd to the western limit of the property and that the parking
area on the lot itself must be hard-surfaced. Maintenance of this alley is and will
continue to be the responsibility of the immediately abutting property owners.
Best wishes for upgrading the development of you property.
Sincerely,
Carl P. Littrell, PE
City Engineer
c: Chuck Bulot
Tony Molnar
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATER WORKS
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI SAM HENSLEY JOHN F. STANCATI
574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728
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
January 19, 2007
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 1/19/2007
The petition of Northern Electric seeking a Special Exception for a Group Residence in a "MU"
Mixed Use district, on property located at 121 N. St. Louis Blvd.
Dear Council Members:
The above referenced petition of Northern Electric was legally advertised on January 4, 2007. The Board of
Zoning Appeals gave it a public hearing on January 18, 2007, at which time the following action was taken:
Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carried, the petition
for Special Exception of Northern Electric for a Group Residence in a "MU" Mixed Use district, on
property located at 121 N. St. Louis Blvd., is sent to 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. Belot
Assistant Zoning Administrator
CCB/cah
NORTI-IF_R~ >/LCCTRIc
(Group Residence)
SPECIAL EICLPTION 1'LJRSUf\NT ?]-09.3(D)
BO.AP.D OF ZONING API'L-ALS
CITY OF SOUTI-1 BEND, INDIANA
FINDINGS OF FACT
1. TI-IL- PROPOSED USE WILL N0T BE IN.lUR10US "1'O "1'1-IE PUBLIC I-IEAL"1't-1, SAFETY, COMFORT,
CONINIUI~'ITl' MORAL STANDARDS, CON\'ENILNCL OR GENERAL WELFARE BECAUSE-:
Develohmc;nt and use as presented will comply with all building, lire safety, u-affic, and parking regulations as to
not being i~~jurious to the public health, safety, morals, and general welfare of the comnuuzity.
''. Tl-IE PROPOSED USE WILL NO"r IN.IURE OR ADVERSELY AFFECT TI-IF US'E OF TIIE ADJACENT
AREA OR P}20PL=RT1' VALUES THEREIN BECAUSE:
The variance or special use shall improve the appearance of the neighborhood and will not devalue the
surrounding properties.
3. "rl-IE PROPOSED US'E WILL BE CONSIS"TENT \\'ITI-l T1-IE CI-IARACTER OF'fI-IE DISTRICT IN VVI-IICII
IT ]S LOCATED .AND TI-IE LAND USES ALITI-IORIZED `r]-IEREIN BECAUSE--:
It is the feeling of the Board that the Special Exception is not deviating from the spirit, character and intention oi~
the disu-ict in which it is located.
4. TI-}E PROPOSED USE ]S COMPATIBLE ~VIT]-I T]-IE P.L=COMMENDATIONS OF TI-IE CITY OF SOUTI-I
BEND COAlPRE//E~'SIl'E PL.~IIV BECAUSE:
It is the feelin`_ of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviating from its intent.
CONDI'1-ION'S 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: FA~'012A13LG RECO~~INIENll.4TlON
ADOPTED this 1 Sth Day of Jan uary, ?007.
l'ES NO
® RICI-TARO KILBASE
® CHRISTOPH I-IOFFNIAN
® DAVID SASSANO
® MAURICE I-IOBAN
® L-LONDA WILDER-I-IAMILTON
Filed In Glcrk's Office
NORTI3I;RN IJLI;CTIC, CO. INC. FFg 5 2007
The petition of Northern Electric Co., Inc. seeking a Special Exception for a Grot P Rest etl~.~s~3?~~c~~~flE
property located at 121 N. St. Louis Blvd.. This property is zoned MU-Mixed U CITY ~L'c~?.r, BUJ. BEND, ~N
MR. HOWARD DOSMAN: 11G N. Hill St., South Bend and we are owners of the property at 121 N. St.
Louis Blvcl. Lady and gentlemen of the Board I wish to thank you for the opportunity to speak. I am the
owner of Northern Electric Company located at 116 N. Hill St Our company was first formed in 1947 and
our first office was located on Ostemo Place in South Bend and then moved to Linden Ave. out by O'Brien
Paint and stayed there to 1967 at which time we bought our present facility at 116 N. Hill St. I can remember
the day as I stood in front of the building with my father as he opened the door after taking possession and 1
asked why him, "dad why did you buy here"? And he said "Howard someday the City is going to jump the
river and the property would be worth more money and we would be able to sell and build a state of the art
motor shop that would be paid for. That conversation tools place 40 years ago. We ace still at our present
location but we have mixed out our facility. And our desire is to move into a 1.6 million dollars, and I know
what it costs because I have been working with Panzica Construction and Company and in order for me to do
this several things need to happen. Northern-Electric now employs 29 people. We are a union shop with
wages and benef is approaching the $30.00 range. We repair electric motors and computer cont-olled motors
for industry in Indiana, Michigan, Ohio for companies like Honeywell, AM General, Zimmer, Biomet,
Whirlpool, Cools Nuclear, Kellogg's, Post Cereal, Defiance precision and Easton Aeroequip from Vanwert,
Ohio plus work sent inform 39 different states for repairs by UPS. We also receive these motors from all over
5
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s ~.
Board of Zoning Appeals - .lanuary 18, 2007
the United States where we fix them and send them back sometimes over night. It seems as industry has left
the City of South Bend we have had to travel Farther plus we have had to diversify. Plus the robotic division
Ot OUI' Company Is Only 10 yeal'S Old. But this dlVel'SIflCatl011 has brought to the City of South Bend some
ve--y, very high tech support people here to support high tech industry that might want to come into the City of
South Bend plus what's already here. My goal has always been to put us in a new facility. But over the years I
have purchased many other pieces of property around our building thinking I might build there. I own the
infamous Boat Club bUlldlllg. I also own the IJasl R1CC Sel'VICe Centel' C10Wn On the Othel' COI'ilel' Along with
this 110111e. I Own the Whole ~2 block bCtWCen WashlllgtOn and CO1faX Stl'eet. And this home that's 111 gtleStlOn
is right behind my facility. And this home is why I'm here. In the last few months we have had a renter move
out and I tools the opportunity to completely remodel the house. We put a new roof on. We cleaned the
interior. All neW carpet, all neW appliances, washer, dryer, refrigerator, dishwasher. We put new counter tops
on. And it's in the process of being re-carpeted today and I was in hopes of being able to change this into a
group residence. At the time I was investigating the money [didn't realize what I would have to do to go
through that. And once I realized then I started my petition for the group residency. If you look at the
mathematics of the group residency right noW the going rate for a bech-oom is $400 per bech-oom. That's what
the students are willing to pay. And that generates $1,600 a month for $19,200 return per year. With the
income from this house [would have a three year pay back if you take into consideration paving the parking
lot that's required for off street parking. As the landlord and owner of other property in the area we will make
sure that the property is well maintained. In fact I have contracted people to take care of the grass and we're
back there all the time making sure everything is in good condition. The area is well suited for rental t0
college students with five major universities here in South Bend. You have St. Mary's, Holy Cross, Notre
Dame, hidiana University and Bethel College. Indiana University recently is putting a strong drive on to
attract people from out of town to come to work. It used to lalown as a local university and they want to
change that. And when people come from out of town, they do not have on campus housing. They're getting
ready to build that bttt you're going to find that some of your students, especially seniors don't want to live On
campus. I have read your response to my group letter request stating that there are now five group homes on
St. Louis and that you might propose a two year probation period thinking that might be appropriate to
monitor what happens in the neighborhood. The problem is that I'm required to have off street parking, paved
parking one spot for each resident and it also has to have water retention. I have a bid for close to $12,000 to
have that put in. If you do go with the two year probationary period I would ask if it is possible to only gravel
the lot for that two year period rather than invest the $12,000 then I might not be able to turn the home back
into a single family residence, because the yard Would be paved. One point I would like to make is that in the
same two block area there is also ftve vacant lots. These lots had homes on them. I remember them being
there and they are now torn down. And there is also one vacant home that is in very serious state of disrepair
and one home in disrepair. Using the basic income figures from a four bedroom group residence that I tall<ecl
about a minute ago, it would be entirely feasible for someone like myself to come in and buy two lots and put
a brand new home up and rent this out to students and rejuvenate this neighborhood. There's a home just
some of mine that is vacant and is the one that is in very serious disrepair. This home has become a haven for
several homeless men. They're living in the garage and using the back yard as a bathroom. They're also
performing scraping at night and just last week somebody cut the copper pipe that goes from my house to the
air conditioning unit. That piece of pipe probably generated to them about $5.00 worth of scrape metal It is
going to cost me between $300 and $500 to repair it. So these homes do not help otu- neighborhoods. And
scraping as we all have come to realize is not a harmless activity and since it is mostly clone at night and under
the cover of darkness. This isn't the only problem we've had in our neighborhood. So the policing of the
neighborhood and enforcing of security in that neighborhood, or lack of is probably the number one demise of
the neighborhood in my opinion. While watching a news cast just this week I learned that six per cent of the
6
Board of Zoning Appeals -January 18, 2007
homes in the South Bend area are abandoned. And I had no idea that was that severe and a lot of those are
right over on Lincolnway. I have talked to a gentleman that is very large into student rentals and he owns
homes here in South Bend, Muncie and Bloomington. And he tells me that his desire as time passes is to turn
these homes back into single family residences. Actually when you stop to think about it, this is a phenomenal
win-win. An immediate resolution to some of the housing problems that face South Bend. A company like
myself I can go in afford to spend $30,000 on a home because I know I'm going to re-coup my money. Also
{ have the benefit of depreciation that I'm going to be able to take off my books. The home I just remodeled
when We open up is going to look like a brand new home inside. And we will make sure £lnCl CIO OUr IllOlllt0l'S
and make sure it stays that way. Some clay I also Would be willing to change this back into a single family
home but ['m waiting for the day when someone like the Marriott Hotel wants to pelt a big building over there
alld wants t0 buy the Whole thlllg is What I'd really like to have happen. The other reason Why we're going to
keep our homes in excellent condition is remember some of our renters are going to be filhu-e lawyers. So we
don't want to practice with a lawsuit right off the bat. This concept may very well Ue the answer for some of
the housing problems that ace facing the City of South Bend. If you look at we are a college town. We have
Cve universities here. Not just one like Lafayette, Indiana. In closing I'd like to state that Northern Electric
Company has a strong desire to build our future here in South Bend. And it Is beCOllllllg hal'del' fOC lls t0
lllallltalll Ollr bUSI11eSS because Of industry leaving this al'ea. SO I need t0 IllaXlnllZe Illy investments, the
I11C0111e fl'Olll lily lllVeSlllleiltS. Alld I belleve Olll' gl'Ollp hoille 4V 111 be a pOSltlVe 1110Ve f01' the area. Bl'lllglllg
young people Who are in pursuit of a higher education info the downtown area. They will eat, shop and
entertain and possibly work in this area. The students are people in good standing and we have not had any
problems with any students in our area. And if you're familiar We have right across the a large apartment
complex that's owned by Kramer properties. The problem that we are having is from the abandon homes that
seem to attract the homeless and drug trafficking. We can take these homes back With this concept. The
homes we brought up to standards and stay maintained. We are asking for complete approval of our request
without the probationary period but if a probationary is offered please consider the cost of the paved parking
and possibly granting us the gravel parking. We Will definitely provide off street packing, but the $12,000
investment would be hard to do. I want to thank you agaln for this opportunity and if you have any
questions?
tN rnvnrz
MR. ROBERT MILLER SR.: I'm a retired attorney, former judge and a former resident of South Bend for
over 50 years and I reside at 17526 Douglas Road, South Bend, Indiana. I've had some business with Mr.
Dosnlan and at last you have a live one. Got soulebody in the area that has some money in his pocket and has
a program. in my family we've owned two lots across the street at 118 N. St. Louis for at least 75 years. We
used to have rental houses on there, I think 3 or 4 and we tore them down. The calls on keeping those lots
clean from Code Enforcement, I spent a lot of dollars. Finally found a neighbor Who Would police these for a
couple of hundred of bucks a year and I was glad to do that. I tried to give them away and haven't been able
to do it. There's a crack house next door. And I'd lot rather have a little tailgate five or six time a year when
Notre Dame wins than have then that crack party every weekend. I really truly believe because I've been
down there looking at it again. By the way I have the taxes down on my two lots because you can't build on
either one of them because the lots are only 33' wide. So in order to build you have to own two just like he
says. And I kept in hopes foe all these years that St. Joseph Hospital doing so well and the doctors coming in
that area, elan this is a future here, we had them listed for a long time and never got the first offer. Now with
St. Joseph Hospital moving out and there goes that potential market. He's up with what I think is the best and
highest use of this land. I visited with the Plan Commission and asked them eyeball to eyeball and they
7
Board of Zoning Appeals - January 18, 2007
couldn't think of any at that time. 1 also had a visit with Bill Schalliol and he could see nothing wrong. The
reason I went to him is because they made a detailed zoning proposal plan about four years ago and 1 wanted
t0 nlalCe Slll'e tl)CI'e WBSn't anything in there. Although the things dead, it wasn't approved. But it's all fi-ture
planning and it takes a IOt Of llme. And he COUId sGe notlllllg adverse about this use. So now With these two
lots, and We find manna from heaven, the guy will come in and take these houses, and they're going fast,
deteriorating, the one across the street where my former tenant moved to. He died and his wife died and they
have no children and they're fighting the estate nephews clown in Indlanapolts and that house Was acquu'ed
pretty quick and the windows are starting to rot around and they'll be out of there. I even went so far because
I got ellthtlSCd after talking to Howard, I just sold 100 and some lots over in Elkhart, and going to be building
Crest homes and I went out and checked to see what it would cost to put up modular, five bedroom and
$175,000 with a basement and perhaps fix three more with escape windows for a total of eight rooms. I at this
age of 8C really do not need to become a landlord. I'm somewhat doubtful my son, who is a federal judge and
daughter-in-law Jane Want to start collecting rent monthly from these students. I certainly would be able to
finance a structure under the right zoning and have someone like Howard Dosman who lives in that
neighborhood take over and manage them. It might be the first viable use for my lots in 75 years. Now I can't
for the live of me except I know a little bit about bureaucracy having been in it myself some time ago that you
kind of study these things. And the Plan Conunission said they would like to take a look at this for a couple of
years. Well I just can't believe that anybody in the Plan Commission or sitting up here in front of me to ask
the old judge to invest $175,000 so they can take a look for two years and see how stupid, it doesn't work that
way. If this shoulchl't become student housing tell him no today. Don't let him go out there and pave that
$12,000 worth of lots. He happens to have the money, if he Went down to the bank to borrow it, they wouldn't
lend it to him with that restriction on there. But I think that's wrong if they haven't made up their hind in the
last 75 years on whether or not student housing Would be ideal for that rather than crack houses, then I don't
think they're going to decide in the next two years. And I certainly don't know if I'm going to be around in
tWO years to perhaps finance a multi bedroom structure. Building a new one for these students is kind of the
Way to go because you've got all the satellites, all the Internet connections, all the cables going through there
and they have to have all of that today and when you start out building it to begin With, it's a lot easier. By
whatever they get done with those existing houses will have to help the value of my lots or nobody ever buys
them. I'm paying the taxes. They say why don't you just abandon them. Well that's What a lot of people
have done, Miller's have never done that Uefore and I'll keep on paying the taxes no matter what you do. But
I want to urge you to think seriously about finally the time has come that you have a chance, not a guarantee, a
chance of salvaging a neighborhood. Nobody built anything in there in the last 75 years that I know of. And
nobody will with the crack houses and the conditions of some of those other houses today. So I urge you to
grant his petition with, take off the two years, if you Want to study it for two years make him come back in two
years, but don't do that to him. Having a government agency looking over your shoulder for two years, you
don't know whether you can rent them or not, it's not fan'. So I urge you to do the right thing. fill not sure
you're helping the Miller family any but at least it's giving me a little hope that maybe somebody if not me
will come along and put one of these beautiful homes in that old, old, old neighborhood. Thank you very
much gentlemen and lady. I' m sorry my eyes are bad.
MR. BILL SCHALLOIL: With Community and Economic Development. I just want to tell you that over the
last several years we spent a lot of time and energy in the East Bank area. Did a lot of study alld really this
project is right on target. As we looked at the bigger area, as we looked at moving from the downtown at the
higher density, the west part of the East Banic at a medium density, and as we moved into the neighborhoods
of the east Washington Street area this is the right type of project on St. Louis Street. Really fits and kind of
buffers between the industrial that Northern Electric is to the residential that's to the east. As Judge Miller had
8
Qoard of Zoning Appeals -January 18, 2007
mentioned all that has happened IIl that nelghborhOOd is the delllolltlon Of hollSeS. Thel'e hasn't been a new
house built in that immediate area in quite some time. And what we would like to see is people Moving in and
making an investment and investment happening in that area and we would be in support of this.
MR. SASSANO: I have a quick question for Bilf. This is a mixed use area and the character is denser
environment yet there is a requirement of one parking space per occupant. Now if that gets built that way do
you really think we're going to end up with a dense urban environment are we just going to end up with a
bunch of paved parking lots with two family houses sitting there. I've got to tell you I don't understalul that
requirelllent.
MR. FOZO: Mr. SaSSallO 1'elllenlbel' this is the d(Vlding Mlle OF the Fast Banc. As you go west there ace no
parking requirements for any of the businesses west of Hill Street so this is right on the border line.
MR SASSANO: It's a MU district, right?
MR. FOZO: [t's MU but anything in the East Bank district is exempt just like our downtown. This is the
border line.
MR. SASSANO: Any Mixed Use district has a requirement no matter where it is? If it's not in the non-
eXempt ...f01' Olle parking Spot pet' ...
MR. FOZO: That's correct. But I think that, remember that goes outside this area so in sometimes it will be
necessary.
MR. SASSANO: I understand that. That's why I'm asking the question. How can you create a MU district
when you have s0 much parking requirements? You'll never create a MU district. I don't understand that.
MR. SCHALLOIL: Well and again in the larger picture as we see a long term redevelopment of this area
what we'd like to see is shared parking areas and things like that.
MR SASSANO: It's not in the code.
MR. FOZO: Well I think it is by the CBD and you've got to have a breaking point and that's why they have
been encouraged to come in for the variances in past. This one has the property.
REMONSTRANCE
There was no one present to speak in remonstrance of this petition.
MR SASSANO: I want to clarify with Don. If he paves all this parking does he a percentage of lot coverage
problem? Orin MU there is no ...?
MR. FOZO: No, no. There is n0 lot coverage and for lot coverage it is buildings only where the districts have
a percentage of lot coverage.
MR. SASSANO: So drives and parking don't count?
9
Board of Zoning Appeals - .lanuary 18, 2007
MR. FOZO: But now in your multi-family that is open space and that is different. But in those commercial
districts the lot coverage is for Uuildings only.
MR. SASSANO: Olcay.
MR. I-IOFFMAN: Arca Plan.
MR. NEMETH: Our department supports the Special Exception. We noted that about a third of the houses
are multi unit structures on the street allowing renters enter the neighborhood so it would fit with the
character. Our department is recommending a hvo year review of this because we have not had too many of
these cases come before the Board of Zoning Appeals and we thought that after two years it would be long
enough to measure the affects this would have on the neighborhood. Give an opportunity for the neighbors to
comment as well as we can look at some data if necessary for the Board like noise complaints with the police
records or if there ace code violations we can look at those if necessary. But we're tlu•owing out this idea just
as a way to measure the affects.
MR. SASSANO: Can [ aslc a question? Is your concern because...? I'm baffled Uy this whole thing. You set
up a Mixed Use district which says what we would love to see is a bunch of second floor apartments, okay.
But then you say if four people get together as a group because they share sort of common set of values,
they're four buddies and they rent an apartment, well then we're going to watch. But if I build a whole bunch
of apartments and I put a bunch of other peopled, then I'm llot gOlllg t0 watch. Okay, they don't even heed a
Special Exception. So it seems to me the only thing you could be evaluating is if you want students. But if
not students, who else? Now the way I interpreted this was a no brainer. A group residence requires a Special
Exception because there may be some group residences that have a whole different agenda. But this is, this is
right out of central casting. I don't lalow what you're thinking. So explain it to me.
MR. NEMETH: We're limited by the definitions as well of what constihttes a dwelling, a family and we
haven't had many cases before the BZA with renters.
MR. SASSANO: If this isn't what you want, if this isn't exactly what you want then what is?
MR. HOFFMAN: Well I think the stumbling block might be ...
MR. SASSANO: Yeah what is the stumbling block?
MR. I-IOFFMAN: The definition between multi fallllly and an apal'tnlellt COlllpleX Ol' I11Ultl family that looks
like a house versus this is a single family dwelling that four unrelated people living in and there is no
distinction of it being a multi family dwelling, there's no dividing walls to make it look like apartments. I
myself asked Don earlier today, "what does Bloomington for example do in situations like this"? Don
enlightened me, actually it was Jeff, sorry, that Bloomington has the very same ordinance. I was surprised that
111 a College COlllllltllllty that thel'e Isn't an advocacy for rented a house out to four unrelated people. And the
way the ordinance is written they can't. They can't have more than 2 unrelated.
MR. SASSANO: Well there's a reason. It perfunctory. There's a reason, group residence can mean a lot
more things than 4 college students. And all we're trying to do is make sure we're not in one of those
10
BOard Of ZOnlllg Ap})eats - Jantlal'y 18, 2007
categories a11C1 1 thlnlC WC all knout Wh~lt We're tallcing about. We're clearly not in that category. This clearly
is exactly what we're looking for so Why are you ...
MR. HOFFMAN: I think that could be some of it. When you say "group home" and you give him the
pel'IIIISSIOn LO have a gl'Ollp hOnle alld he states it will be Notre Dame residents ...
MR. SASSANO: Or students.
MR. HOFFMAN: Or students, we are going on his word that it will be students. We give it a group home
designation, only his word keeps it students. If it were turned over to another owner that would want to bring
Ill ...W110 knOwS What.
MR. SASSANO: That's not his problem, that's ours.
MR. JANKOWSICI: Mr. Hoffman because the petition addresses it as student housing that puts a restriction
on it.
MR. HOFFMAN: That puts a restriction on it, correct.
MR. SASSANO: And if it changes owners does the Special Exception get ...?
MR. FOZO: No the Special Exception goes with the property but it would be a Special Exception for the
same type of group residence. Four unrelated people, not tinder a program of any sort.
MR. SASSANO: So you couldn't bring in a program for four elderly special needs people?
MR. JANI{OWSICI: No, they'd have to come bac(< before this Board.
MR. HOFFMAN: We're dependant upon him to enforce students?
MR. SASSANO: Right, but like any other case if they don't do what they say, there's all kinds of
mechanisms.
MR. HOBAN: I have a question. There are a lot of places in that neighborhood that are SFl that are rentals
and the Way they've gotten around our ordinances is, they built a stairway to the second floor, right? Is that
correct?
MR. FOZO: No that's totally incorrect. The ones that are student housing are grandfathered in. They have
been used for that for a long time and basically prior t0 the change in the zoning ordinance, "B" residential
was the zoning in that district. "B" residential allowed boarding houses. So a lot of these were established
years ago under boarding housing tinder proper zoning. In the years they have rezoned those properties and
the only ones that have been continued to Ue used and we one of the owners that checked each and every
property to make sure it is still grandfathered tuldec the previous use. But any neW ones coming, just by
putting an outside staircase does not allow them to use it for an apartment. It is still a single family and it can
only be used as a single. But we have a lot of that area that is non-conforming and totally legal for shtdet)t
housing but is under the grandfather.
Board of Zoning Appeals -January 18, 2007
MR. SASSANO: If we sent this with a positive recommendation and it get approved by the council can this
owner come back and request a variance to eliminate the parking?
MR. FOZO: Yes, well if 11e doesn't Want to utilize it as a living unit for four students until he gets it. But yes
any property owner can come in and request variances to a developmental standard.
MR. SASSANO: But we're not allowed to give that variance here unless he requests it?
MR. FOZO: That is correct and you cannot change it because he has to be advertised as this petition was
advertised:
A lllotlOn to Send this petltloll t0 the COn1111011 COUllcll Witll a FilV01'ilble Recommendation was made by Mr.
SaSSa110 and seconded by Mr. Kilbase. The motion carried unanimously.
After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the
Standards as set forth in l.C. 36-7-4-918.5; therefore, the petition sent to the Common Council With a
Favorable Recommendation.
Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special
Exception is sent to the Common Council with a favorable Recommendation and will issue Written Finding
of Facts.
PETITION SCNT TO THC CONII\'ION COUNCIL WITIH A FAVORAI3LIJ RECOMI\'IENDATION
Mailing List for Northern Electric Company, Inc.
Request for Special Exception for a Group Residence and Variance for Off-Street Parking at 121 North St. Louis Blvd.
Property Information Owner Information
PLODertVJCev Address 1 City Staff Tin Cnda Namr? Artriroec 1 City Rtatc Tin Cnrin
1 018-5015-0502 124 St. Louis Street South Bend IN 46617 Dianne L Brink 1121 Willow Brid a Lane Mishawaka IN 46545
2 018-5006-0163 127 N. St Louis Street South Bend IN 46617 Marlin Pro erties 127 N St. Louis St South Bend IN 46617
3 018-5006-0162 129 N. St Louis Street South Bend IN 46617 Oda J Scott 129 N St. Louis St South Bend IN 46617
4 018-5006-0161 630 Colfax South Bend IN 46617 Wi htman Petrie Enviommental Inc. 713 S Scott Street South Bend IN 46601
5 018-5006-016101 618 Colfax South Bend 1N 46617 Emest & Nanc Galos 618 E. Colfax South Bend IN 46617
6 018-5006-016102 816 Colfax South Bend IN 46617 Ma Roemer 616 E. Colfax South Bend IN 46617
7 018-5006-0166 117 St. Louis Street South Bend IN 46617 Milton & Mattie Wares 4905 Knollton Rd Indiana olis IN 46228
8 018-5006-0167 115 St. Louis Street South Bend IN 46617 Denn Sn der 115 N St Louis St South Bend IN 46617
9 018-5006-016801 111 St Louis South Bend IN 46617 Mark Vandevere 111 N St Louis St South Bend IN 46617
10 018-5006-016802 107 St Louis South Bend IN 46617 Richard Care 107 N St Louis St South Bend IN 46617
11 018-5006-0131 Vac Lot 133-138 Hill St South Bend IN 46617 Diocese of Ft. Wa ne-South Bend, IN St Joese h 226 N Hi1i Street South Bend IN 46617
12 018-5006-0152 205 St Louis South Bend IN 46617 Maurice & Patricia Hoban 205 N St Louis Blvd South Bend IN 46617
13 018-5015-0478 711 Colfax South Bend IN 46617 United Health Services of St. Jose h 711 E Colfax South Bend IN 46617
14 018-5015-0497 702 Colfax South Bend IN 46617 Domus Pro ert Investments 109 N Hill St Unit 1 South Bend 1N 46617
15 018-5015-0498 708 Colfax South Bend IN 46617 Theodore Schafer 708 E Colfax South Bend IN 46617
16 018-5015-049801 710 Colfax South Bend IN 46617 James 8 Ma Sue Crimmins 52444 Briarcliff Ln South Bend IN 46635
17 018-5015-0499 712 Colfax South Bend IN 46617 Robert Frank 240 Rue Deville South Bend IN 46615
18 018-5015-0500 130 St Louis South Bend IN 46617 Domus Pro ert Investments 812 E Lasalle South Bend IN 46617
19 018-5015-0501 Vac Lot 229 St Louis South Bend IN 46617 Theodore Schafer 708 E Colfax South Bend IN 46617
20 018-5015-0503 122 St Louis South Bend IN 46617 Chris Neilson 122 St Louis South Bend IN 46617
21 018-5015-0504 118 St Louis South Bend IN 46617 Miller Robert Lowell Sr Livin Tr Robert Lowe 17526 Dou las Rd #19 South Bend IN 46635
22 018-5015-050401 114 1/2 St Louis South Bend IN 46617 Miller Robert Lowell Sr Livin Tr Robert Lowe 17526 Dou las Rd #19 South Bend IN 46635
23 018-5015-0505 110 110 1/2+ 112 St Louis South Bend IN 46617 Union Realt Inc. 619 Union Street Mishawaka IN 46544
24 018-5015-0506 108 St Louis St South Bend IN 46617 Kenneth Clearwater & Jo ce Clearwater 116 S Hill St South Bend IN 46617
25 018-5015-050701 104 St Louis South Bend IN 46617 Be Ivanovich 12840 E Jefferson Mishawaka IN 46545
26 018-5015-0507 102 St Louis South Bend IN 46617 Dominick Tri e i 51725 Stee le Chase Dr Gran er IN 46530
27 018-5015-050702 709 711 Washin ton South Bend IN 46617 Lawrence Clifford 709-711 E Washin ton Ave South Bend IN 46617
28 018-5015-0508 718 Colfax South Bend IN 46617 Oonna Kane 718 E Colfax South Bend IN 46617
29 018-5015-0512 125 St Peter South Bend IN 46617 Judith Hains 125 N St Peter South Bend IN 46617
30 018-5015-0514 113 St Peter South Bend IN 46617 G Anderson, LLC 1224 E Wa ne N South Bend IN 46615
31 018-5015-0515 111 St Peter South Bend IN 46617 G Anderson, LLC 1224 E Wa ne N South Bend IN 46615
32 018-5015-0516 109 St Peter South Bend IN 46617 G Anderson, LLC 1224 E Wa ne N South Bend IN 46615
33 018-5015-0517 715 Washin ton South Bend IN 46617 G Anderson, LLC 1224 E Wa ne N South Bend IN 46615
34 018-5004-0085 528 Colfax South Bend IN 46617 Circa Arts LLC 528 E Colfax Unit 1 South Bend IN 46617
35 018-5004-008401 125 127 Hill South Bend IN 46617 Probst House LLC 520 E Colfax Av South Bend IN 46617
36 018-5004-0086 121 123 Hill South Bend IN 46617 Todd 8 Ah eon Park 4395 Sunn meade Dr St. Jose h MI 49085
37 018-5004-0087 109 Hill South Bend IN 46617 Domus Pro a Investments 109 N Hill St Unit 1 South Bend IN 46617
38 018-5004-008902 553 E Washin ton South Bend IN 46617 Santa Maria Real Inc. Go Kni hts of Columbus PO Box 1753 South Bend IN 46617
39 018-5011-0310 110 S Hill South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook IL 60062
40 018-5006-0165 121 St. Louis South Bend IN 46617 Northern Electric Com an ,Inc. 116 North Hill Street South Bend IN 46617
41 018-5011-0321 616 Washin ton South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook IL 60062
42 018-5011-0322 109 St. Louis South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook IL 60062
43 018-5006-0169 615 Washin ton South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook 1L 60062
44 018-5006-0170 619 Washin ton South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook IL 60062
45 018-5006-0171 103 St. Louis South Bend IN 46617 Underwriters Labortories Inc. Attn Tax De t 333 Pfin sten Road Northbrook IL 60062
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Portage Twp
121 N St. Louis St
18-5006-0165
Information shorn on this map is not vrartanted for
aauracyormerchantability. Reproduction
of this material is not possible vithoutwritten
pemlission of St. Joseph County, Indiana.
300' Varience
Printed December t t, 2006
N Photography:Spring 2002
Prepared by:
W E St. Joseph County Auditofs Office
227 W. Jefferson Blvd.
5 South Bend, Indiana 48801
Phone: (574) 2359483