HomeMy WebLinkAboutSpecial Exception - 1700 Block of Burdette StreetRESOLUTION
3728-07
Passed by the Common Council of the City of South Bend, Indiana
April 9,
Attest:
City Clerk
Vice
President of Common Council
207
Presented by me to the Mayor of the City of South Bend, Indiana
April 10,
Approved and signed by me
2g7
April 10,
4- ~/ ~-~-~--
200
City Clerk
RESOLUTION NO. / ~ 2 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
(THE 1700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA)
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 io 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 Special Exceptions be granted for the property
located at:
(THE 1700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for Single-family residential dwellings for the 1700 Block of
Burdette Street, South Bend, Indiana per Section 21-02.03 (D) of the City of South Bend Zoning Ordinance.
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.
2
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed uses will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values
therein;
3. The proposed uses will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4. The proposed uses are 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.
M of the Common C 1
PRESENTED ~ \~ ~~
NOT APPROVED
~DOPTED~ ~~-'~'~
Fila~d In Clerk's Office
FEB 2 0 2001
JOfiN VOORDE
Cl'rY CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07-49 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 THE 1700 BLOCK OF BURDETTE STREET, SOUTH
BEND, INDIANA
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
NO.
NOTIFIED
FILED 20
20 HEARING , 20
APPEAL
Applicant's Name: JOHN C. ROY. Phone 1-949-456-0343
Address: 30580 QUAIL POINTE DRIVE, GRANGER, INDIANA 46530
Address of Property: 54759 BURDETTE STREET, SOUTH BEND, INDIANA 46637
Present Zoning of Property: "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT
Owner's Name: JOHN C. ROY Phone 1-949-456-0343
Address: 30580_QUAIL POINTE DRIVE, GRANGER, INDIANA 46530
Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 COMN~RCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE BOARD OF ZONING APPEALS FOR
THE CITY OF SOUTH BEND, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
1700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA 46637
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCELS "A"
through "L"; A). Approval of a Special Exception as allowed under
Section 21-02.03 (F) of the City of South Bend Zoning Ordinance to allow
for Single-family Attached Dwellings on individual Parcels;
VARIANCE REQUESTS:
PARCEL "A":
1). A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the West property line) to a Minimum of 0 ft.;
2). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. along the North and West property
lines;
3). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MFl Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
3,442 sq.ft. more or less;
2
4). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the West and North
property lines to providing no trees.
PARCEL "B":
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Minimum of 0 ft.;
2) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the South property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 5 ft. more or less along the North property
line and to a Minimum of 0 ft. along the East and West property lines;
4). A Variance from the Maximum allowed 40$ Building Lot coverage to a
Maximum of 43.50 more or less;
5) . A Variance from the Minimum allowed Lot size of 4 , 000 sq. ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the North, West
and East property lines to providing no trees;
7) . A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MFl and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
"A", "C", "J", "R" and "L" to Burdette Street.
PARCEL "C":
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Minimum of 0 ft.;
2). A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the South property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 5 ft. more or less along the North property
line and to a Minimum of 0 ft. along the East and West property lines;
4). A Variance from the Maximum allowed 40~ Building Lot coverage to a
Maximum of 43.50 more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
3
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the North, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
"A", "B", "D", "I", "J", "R" and "L" to Burdette Street.
PARCEL "D"
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Miniaaum of 0 ft.;
2) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the South property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 5 ft. more or less along the North property
line and to a Minimum of 0 ft. along the East and West property lines;
4) . A Variance from the Maximum allowed 40~ Building Lot coverage to a
Maximum of 43.50 more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a miniatum spacing of 40 feet on-center along the North, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
"A", "B", "C", "E", "A", "I", "J", "K" and "L" to Burdette Street.
PARCEL "F":
1) . A Variance from the Minimum required 5 ft. Wide Front-yard Setback
along the North property line to 0 ft. to allow for a Visitor parking
space in said yard;
2). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East property line) to a Minimum of 0 ft.;
3). A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the South property line) to a Minimum of 24 ft. more or less;
4). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the North and East
property lines;
4
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
4,900 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the North and East
property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MFI and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
~~An r ~~Brr r ~~Cn r ~~D,r r ~~En r ~~Gn r ~~Hn r ~~In r ~~ Jn r ~~Rn and ..L„ t0 Burdette
Street.
PARCEL "G":
1). A Variance from the Minimum required 5 ft. Wide Front-yard Setback
along the South property line to 0 ft. to allow for a Visitor parking
space in said yard;
2). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the South and East property lines) to a Minimum of 0 ft.;
3) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the North property line) to a Minimum of 14 ft. more or less;
4). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the South and East
property lines;
5). A Variance from the Minimum allowed Lot size of 9,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
4,900 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the South and East
property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
..p,,, ~ aB„ ~ ..C„ ~ ~~D„ ~ ..E„ ~ ..F,. ~ .~H„ ~ ..I„ ~ .. J„ ~ ..R" and ..L" to Burdette
Street.
PARCEL "H":
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the South, East and West property lines) to a Minimum of 0 ft.;
2). A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the North property line) to a Minimum of 14 ft. more or less;
5
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the North, East and
West property lines;
4).~A Variance from the Maximum allowed 40~ Building Lot coverage to a
Maximum of 43.50 more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MFl Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the South, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
~aArr r aaBrr r aaG.rr r aaDrr r as prr r aaFrr r aaGrr r aalrr r .. Jrr r aagrr and aaLrr t0 Burdette
Street.
PARCEL "I"
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Minimum of 0 ft.;
2) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the North property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the South, East and
West property lines;
4) . A Variance from the Maximum allogged 40~ Building Lot coverage to a
Maximum of 43.50 more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the South, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
aaAn r aaBrr r aaL.rr r aaDn r ..Err r aaHn r aalrr r as Jrr r aagrr and "L'r t0 Burdett@ Street.
6
PARCEL "J":
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Minimum of 0 ft.;
2) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the North property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the South, East and
West property lines;
4) . A Variance from the Maximum allowed 40~ Building Lot coverage to a
Maximum of 43.50$ more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MFl Zoned parcel and 6,000 sq.ft. Single-family Lot to a Min~+++»+++ of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the South, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
0 ft. with access allowed over a Ingress and Egress easement on Parcels
"A", "B", "C", "D", "H", "J", "R" and "L" to Burdette Street.
PARCEL "R":
1). A Variance from the Minimum required 6 ft. Wide Side-yard Setback
(along the East and West property lines) to a Minimum of 0 ft.;
2) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the North property line) to a Minimum of 14 ft. more or less;
3). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. more or less along the South, East and
West property lines;
4). A Variance from the Maximum allowed 40~ Building Lot coverage to a
Maximum of 43.50$ more or less;
5). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MF1 Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
2,590 sq.ft. more or less;
6). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the South, West
and East property lines to providing no trees;
7). A Variance from the Minimum required Frontage 50 ft. for a Parcel
Zoned MF1 and 60 ft. for a Single-family Lot on a Public Right-of-way to
7
0 ft. with access allowed over a Ingress and Egress easement on Parcels
"A", "B", "C", "J", "R" and "L" to Burdette Street.
PARCEL "L":
1) . A Variance from the Minimum required 25 ft. Wide Rear-yard Setback
(along the West property line) to a Minimum of 0 ft.;
2). A Variance from the Minimum required 6 ft. Wide Interior-yard around
a building to a Minimum of 0 ft. along the South and West property
lines;
3). A Variance from the Minimum allowed Lot size of 4,000 sq.ft. for an
MFI Zoned parcel and 6,000 sq.ft. Single-family Lot to a Minimum of
3,442 sq.ft. more or less;
4). From the requirement of providing perimeter landscape deciduous
trees at a minimum spacing of 40 feet on-center along the West and South
property lines to providing no trees.
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 1700 BLOCK OF BURDETTE
STREET, SOUTH BEND, INDIANA 46637.
The Petitioner is the owner of the real estate parcel shown on the
attached site plan and as shown in the records of the St. Joseph County,
Indiana Auditor's office. The Petition property presently has a Zoning
classification of "MF1" Urban Corridor Multifamily District. The owner
of Parcel "A" is in the process of finalizing the architectural plans
for constructing the residential development. This property was recently
annexed and rezoned to allow for an fourteen-unit residential townhome
development. The owner has reduced the number of residential townhomes
to be built from fourteen down to twelve as shown. As was done
previously on the Wexford Townhome development located approximately one
block to the East of this petition site, on Willis Avenue, the owner
desires to create Single-family attached townhomes. The Petitioner would
like to be able to allow any contingent purchaser to buy one of the
shown townhomes on a legal lot of record, instead of a condominium or a
rental property.
In order to create individual Lots for each residential townhome,
the Petitioner discovered that there are several procedures that must be
approved. After discussions with the Building Department, it was decided
that in order to create individual Lots for the Single-family attached
townhomes, a Special Exception Use was required to be approved to allow
for that use within the "MF1" Urban Corridor Multifamily District.
Also in order to create the individual lots as shown, several
Variances are required for each Parcel which run from Variances for Side
and Rear Yard Setbacks to Frontage Variances, Building Lot Coverage
Variances and Lot Size Variances and allowing parking spaces in the
front-yard area of two of the proposed Lots. The number of Variances
shown, are numerous, but that is due to the fact that the Petitioners
are attempting to create Twelve (12) Legal Lots of record.
8
As in the development for the previously approved Wexford Townhome
project, there will be a Property Homeowners Association. This
Association will maintain the shown paved areas, visitor parking area,
and several common ownership maintenance issues, such as building roofs,
siding, painting, brickwork, pavement repair and snow plowing. The
Homeowners Association will also be responsible to maintain the
landscape areas on all lots.
The first portion of this Petition details each of the required
Variances for each Parcel and details the requested Special Exception
Uses.
In regards to the Special Exception Use requests to allow for Single-
family residential in the "MF1" District, the Petitioner would state
that the dwelling units will be single-family which should have no
detrimental affect on any adjacent property or affect any surrounding
property value. This request is being made due to the fact that the
Ordinance requires it. The Petitioner also believes approval of this
Special Exception Use allows for more flexibility for purchasers who
desire to own their property fee-simple.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception Uses as stated above, would not be injurious to
the public health, safety, comfort, community moral standards,
convenience or general welfare, or injure or adversely affect the use of
the adjacent area or property values therein, and that the proposed uses
will be consistent with the character of the district in which it is
located and the land uses authorized therein, and that the proposed uses
are 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).
With regards to the Variance requests for the Parcels shown, the
Petitioner would state they are being requested in order to allow for
the creation of individual Lots. The approval of the Variances would not
allow a development that would place any building or structure closer to
the perimeter of the Petition site than is presently allowed under the
"MF1" Urban Corridor Multifamily District development standards. These
Variances requests are being done strictly to create individual lots
with single-family attached townhomes.
The Petitioner believes that approval of the above Special Exception
Uses and the Variances for this proposed Single-family residential
development will not be detrimental to adjacent properties, nor will it
adversely affect the surrounding property values.
The Petitioner would ask the Board Members to agree that approval of
the above described Special Exception Uses and Variances will not have a
detrimental affect for this area, nor would the property values,
public's health, safety, morals, or general welfare be adversely
affected.
The Petitioner contends that the strict application of the terms of the
Zoning ordinance will constitute an unusual and unnecessary hardship as
applied to the property for which the Variances and Special Exceptions
9
are sought: that the need for the Variances and Special Exceptions
arises from such condition peculiar to the property in the same Zone:
and that the use or value of the area adjacent to the property described
in the petition for the Variances and Special Exceptions will not be
injurious to the public health, Safety, morals, or general welfare of
the community.
I attest, under the penalties for perjury, that the foregoing
representations are true.
M3.chael J. Danch
President
Danch, 8arner & Associates, Inc.
Property Owners
Within 300 Feet
ohn Roy John Roy Adam 8~ Jozefa Zdanowski
0580 Quail Pointe Dr 30580 Quail Pointe Dr 9321 Laurence St
ranger, IN. 46530 Granger, IN. 46530 Allen Park, M1.48101
ax Key # 002 1106 538101 Tax Key # 002 1106 5388 Tax Key # 002 1106 5377
obert A Johnson Jr. Willie 8~ Pamela Hams Willie 8~ Pamela Hams
1666 Ivy Road 54693 Burdette St 54693 Burdette St
outh Bend, IN. 46637 South Bend, IN. 46637 South Bend, IN. 46637
ax Key # 002 1106 5376 Tax Key # 002 1106 537202 Tax Key # 002 1106 5372
ary B Perry University of Notre Dame /Angel University of Notre Dame /Angel
1673 Burdette Miller Miller
Guth Bend, IN. 46637 824 Grace Hall 824 Grace Hall
ax Key # 002 1106 5371 Notre Dame, IN. 46556 Notre Dame, IN. 46556
Tax Kav # rln7 11 nR .~i~7n Tax KPV # ftn7 11 nR .r,:~77(11
Diversity of Notre Dame /Angel University of Notre Dame Du Lac Thomas Chapleau
filler 836 Grace Hall 475 Capricorn Street
>_4 Grace Hall Notre Dame, IN. 46556 Brea, CA. 92821
~tre Dame, IN. 46556 Tax Key # 002 1106 5386 Tax Key # 002 1106 5387
ax Kav # M7 11 nR ~RR1
iiversity of Notre Dame University of Notre Dame Du Lac University of Notre Dame Dulac
.6 Grace Hall 836 Grace Hall 836 Grace Hall
~tre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556
ix Key # 002 1106 539203 Tax Key # 002 1106 5392 Tax Key # 002 1106 539202
Diversity of Notre Dame Du Lac Univ of Notre Dame Du Lac AIMCO Turtle Creek LP
6 Grace Hall 836 Grace Hall P.O.Box 28
,tre Dame, IN. 46556 Notre Dame, IN. 46556 Dallas, TX. 75240
x Key # 002 1106 539201 Tax Key # 002 1022 0507 Tax Key # 024 1003 0565
;h Crossings Development LLC University of Notre Dame Du Lac Chester L Los Jr.
J.Box429 836 Grace Hall 54722 Burdette St
~tre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46637
x Key # 002 1106 5362 Tax Key # 002 1106 5382 Tax Key # 002 1106 5383
ester L Los Jr. John Roy University of Notre Dame Du Lac
722 Burdette St 30580 Quail Pointe Dr 910 Flanner Hall
uth Bend, IN. 46637 Granger, IN. 46530 Notre Dame, IN. 46556
x Key # 002 1106 538901 Tax Key # 002 1106 5389 Tax Key # 002 1106 5393
in Roy John Roy University of Notre Dame Du Lac
i80 Quaif Pointe Dr 30580 Quail Pointe Dr 836 Grace Hall
anger, IN. 46530 Granger, IN. 46530 Notre Dame, IN. 46556
K Key # 002 1106 539302 Tax Key # 002 1106 539302 Tax Key # 002 1105 5273
Jniversity of Notre Dame /Angel Edward Redman Kuz Realty, LLC
filler 54756 N Ivy Rd. 52024 Fall Creek Dr
24 Grace Hall South Bend, IN. 46637 Granger, IN. 46530
lotre Dame, IN. 46556 Tax Key # 002 1105 5274 Tax Key # 002 1105 527802
~aY KPH # nn~ ~ ~ n~ ~~~~
lartino Silvio
8349 Vaness St
outh Bend, IN. 46637
ax Key # 002 1106 539301
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
March 16, 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 3/ 15/07
The petition of John C. Roy seeking a Special Exception to allow single family attached
dwellings on individual lots in "MF1"Urban Corridor Multifamily District
Dear Council Members:
The above referenced petition of John C. Roy was legally advertised on March 1, 2007. The
Board of Zoning Appeals gave it a public hearing on March 15, 2007, at which time the
following action was taken:
Upon a motion by Mr. Kilbase, being seconded by Ms. Wilder-Hamilton and
unanimously carried, the petition for Special Exception for John C. Roy to allow single
family attached dwellings on individual lots in "MF1"Urban Corridor Multifamily
district, on property located at on the west side of the 1700 block of Burdette Street, is
sent to the South Bend Common Council with a Favorable Recommendation.
The deliberations of the Board of Zoning Appeals and points considered in arriving at the above
decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later
date, to be made part of this report.
Sincerely,
Donald F. Fozo, C.B.
Building Commissioner
DFF/cah
ROY
(single family townhomes in "MF1 ")
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE PROPOSED U.SE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY NIOP~AL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all huilding, fire safety, traffic, and parking regulations as to
not hein_ injurious to the pttUlic health, safety, morals, and general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OP. PROPERTY' VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighUorhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: I
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COltlPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is Ulending into the overall Comprehensive Plan and is riot
deviatin_ from its intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall he passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 1>th Day of March, ?007.
YES NO
® RICHARD KILBASE
® CHRISTOPH HOFFMAN
ABSENT DAVID SASSANO
® MAURICE HOBAN
® ELONDA WILDER-HAMILTON