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Home My WebLink AboutSpecial Exception - 1713 and 1717 Burdette StreetRESOLUTION 3941-09 Passed by the Common Council of the City of South Bend, Indiana January 26, 20 09 Attest: ~- ~l~~~~~. City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 27, 20 09 Approved and signed by me January 2 8 , 20 0 9 ~~-~- ~~ ,~/' Clerk RESOLUTION NO. ~ ~ ~ L ~ ~ 1 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 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 WHEREAS, Indiana Code Section 36-7-4-918.6, required 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: 1713 and 1717 Burdette Street, South Bend, Indiana 46637 more specifically being Lot 7 of Burdette Street Villas Minor Subdivision as recorded under Instrument Number 0820238 in the Office of Recorder of St. Joseph County, in order to permit a special exception for a group residence on property zoned "MF1" Urban Corridor Multifamily District. 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 voluntary agreement of Petitioner with the following conditions/limitations, specifically that such approval shall (a) only apply from and after the date that Petitioner records a Declaration regarding limitations on special exception (in the form attached), (b) only extend to each unit comprising the subject property during such periods that the unit is owned by the Chicago Province of the Society of Jesus ("Province") for occupancy by their Jesuit community, and (c) automatically terminate and be of no further force or effect upon the transfer of title to the unit comprising the subject property by the Province to any other owner. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council ~~., :''~ N.?t~4.~~L~ ';~>?TED + ..Llo -v ~ 2 r.~~ S U..~ S ~^ C.. Filed in Gt~r~'s Q'~i~e JAN 2 6 2009 JOHN VOORDE CITY CLE~iK, S0. BFND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-06 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 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 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 as a 2"d substitute by the insertion of the following language in Section IV. Approval is subject to the voluntary agreement of Petitioner with the following conditions/limitations, specifically that such approval shall (a) only apply from and after the date that Petitioner records a Declaration regarding limitation on special exception (in the form attached), (b) only extend to each unit comprising the subject property during such periods that the unit is owned by the Chicago Province of the Society of Jesus ("Province") for occupancy by their Jesuits community, and (c) automatically terminate and be of no further force of effect upon the transfer to title to the unit comprising the subject properly by the Province to any other owner; and the recording of a commitment. Ann Puzzello Chairperson, Committee of the Whole November 26, 2008 City of South Bend ABONMARCHE Board of Zoning Appeals confidence By Design 125 South Lafayette Boulevard, Suite 100 South Bend, Indiana 46601 ENGINEERS ARCHITECTS RE : Special Exception for a Group Residence PLANNERS Proposed Units "L" 8~"M" at Stadium Village Homes SURVEYORS Petitioner /Owner: 750 Lincoln Way East Stadium Village Homes, L.L.C. South Bend, IN 46601 Inc ) Signature Homes a b (d T. 574-232-8700 . , . . . F. 574-251-4440 1212 Walnut Street www.abonmarche.com South Bend, IN 46619 Phone: (574) 239-8914 FORT WAYNE, IN BEMON HARBOR, MI Members of the Board: MANISTEE, MI SOUTH HAVEN, MI We are requesting a special exception to allow a group residence within Units "L" and "M" at Stadium Village Homes. See attached Marketing Drawing and the Burdette Street Villas Minor Subdivision for the project location. The reason for this special exception is to allow for two units within the Stadium Village Homes development to be utilized as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor of each unit open to each other in the dining area in such a manner that the wall could be closed up in the event of a resale. There will be a maximum of 8 residents, and there will be 8 bedrooms between the two combined units. This special exception will allow for the members of the Jesuit community to function as one single non-traditional family. It is understood that this special exception request meets the following standards: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community. The presence of a Jesuit Community within the Stadium Village Homes development will largely be unnoticed in comparison to the other condominium units. The Jesuit community will function similarly to all the other condominium units within the development. ABONAAARCHE - - - -November 2008 Part of Lot 7 of the Burdette Street Villas Minor Subdivision Special Exception for a Group Residence City of South Bend Indiana Page 2 of 3 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner. The proposed Jesuit Community will be virtually undistinguishable from all the other condominium units. As a result, the use and value of the adjacent properties will not be affected in a substantially adverse manner. 3. The need for the special exception arises from the specific conditions peculiar to the property involved. A special exception is required since the property is zoned "MF1"Urban Corridor Multi-Family District. The Zoning Ordinance states that the intent of this zoning district is to promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with multifamily residential neighborhoods. This proposed Jesuit Community meets the intent of this district. 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought. Per the Zoning Ordinance, a single dwelling unit can only be occupied by one "family". A family is defined as one or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit or a number of persons, but not exceeding two persons, who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit. Per this definition, not more than two unrelated individuals could live within any unit in an "MF1"zoned district. Limiting these units to only 2 unrelated individuals would exclude a Jesuit Community. Jesuifs by virtue of their order live together for the sake of their apostolic or community work and for mutual support, challenge and inspiration. They view each of their communities as a family. 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. The future land use plan within Comprehensive Plan targets this area for medium-density residential development. One of the policies within the Housing section of the Plan is to encourage residential developments to contain a mix of housing types, densities, prices ranges, and amenities. By Engineering Surveying -- --Planning ~. ABONAAARCHE November 2008 Part of Lot 7 of the Burdette Street Vllas Minor Subdivision Special Exception for a Group Residence City of South Bend Indiana Page 3 of 3 allowing this group residence as a special exception within development, it meets the policy of encouraging different housing types. The property is zoned "MFl" Urban Corridor Multifamily District and is located within Clay Township in the City of South Bend. This petition is being submitted by Abonmarche Consultants, L.L.C., 750 Lincoln Way East, South Bend, Indiana, 46601, on behalf of the petitioner /owner. The contact person is Derek J. Spier, AICP, with Abonmarche Consultants, L.L.C. at (574) 232-8700. Sincerely, ABONMARCHE CONSULTANTS, L.L.C l ,~~- Derek J. Spier, AICP Planner Enclosures F:\PROJEC75\M8-0856\SPECIAL EXCEPTION REQUEST- NARRA7IVE.DOC Engineering Surveying _ Planning 002-1106-5371 CONNIE L. HALEY 54673 BURDETTE STREET SOUTH BEND, IN 46637 024-1008-0668.04 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.01 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5376 __ ROBERT A. JOHNSON, JR. & CLINTON D. JOHNSON 54666 IVY ROAD SOUTH BEND, IN 46637 002-1106-5377 ADAM & JOZEFA ZDANOWSKI 9321 LAURENCE STREET ALLEN PARK, MI 48101 024-1008-0668.05 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.26 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5392.01 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 024-1008-0668.28 JAMISON INN,.LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5382 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 024-1008-0668.29 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1003-0565 AIMCO TURTLE CREEK, LP c/o DELOITE & TOUCH 191 N.WACKER DRIVE - STE 2600 CHICAGO, IL 60606 024-1008-0668.06 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.30 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5392 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1105-5278.02 KUZ REALTY, LLC 52024 FALL CREEK DRIVE GRANGER, IN 46530 024-1008-0668.02 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5373 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5372 WILLIE L. & PAMELA M. HARRIS 54693 BURDETTE STREET SOUTH BEND, IN 46637 002-1106-5389.01 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5387 THOMAS E. CHAPLEU 475 CAPRICORN STREET BREA, CA 92821 024-1008-0668.31 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5381 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5392.02 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 024-1008-0668.03 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.27 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1105-5274 JAMES E. REDMAN & KEITH REDMAN NELLIE MARIE MOORE 54756 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.16 024-1008-0668.14 024-1008-0668.24 JAMISON INN, LLC- - JAMISON INN, LLC - -.- JAMISON INN, LLC 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 X24-1008-0668.22 024-1008-0668.23 024-1008-0668.21 JAMISON INN, LLC JAMISON INN, LLC JAMISON INN, LLC 1404 NORTH IVY ROAD _ 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 024-1008-0668.13 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.15 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.18 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.12 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.09 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.08 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.44 JAMISON 1NN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.39 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.48 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.43 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.11 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.20 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.07 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.50 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.49 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND,IN 46637 024-1008-0668.46 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.37 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.10 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.17 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.40 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.41 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.47 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.38 ]AMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.36 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.35 024-1008-0668.34 024-1008-0668.45 JAMISON INN, LLC JAMISON INN, LLC JAMISON INN, LLC 1404 NORTH NY ROAD - ~ --1404 NORTH IVY ROAD _ . 1404.NORTH IVY.ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 J24-1008-0668:42 IAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5362.03 TEFFREY V KOHLER & MAUREEN O'BRIEN-KOHLER 476 W. PROSPECT AVENUE NORTH WALES, PA 19454 002-1106-5388 (PT.) M.A.D. FAMILY ENTERPRISES, LLC 500 UNIVERSITY BLVD. SUITE 215 JUPITER, FL 33458 002-1106-5392.03 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5393.01 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5383 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5370 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5357 IltISH CROSSING DEVELOP., LLC P.O. BOX 248 LaFAYETTE, IN 47902-0428 024-1008-0668.33 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.32 JAMISON INN, LLC 1404 NORTH IVY-ROAD SOUTH BEND, IN 46637 002-1106-5388 (PT.) 002-1106-5388 (PT.) JOSEPH J. & AUDREY A. LOMBARDI JOHN C. ROY 14 MARION LANE 31861 VIA OSD SCOTCH PLAINS, NJ 07076 COTO DE CAZA, CA 29679 024-1008-0668.19 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.25 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5393 002-1106-5393.02 UNIVERSITY of NOTRE DAME duLAC STADIUM PLACE DEV., INC. 910 FLANNER HALL 822 MAIN STREET NOTRE DAME, IN 46556 LaFAYETTE, IN 47902 002-1106-5386 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5389 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5372.02 WII.LIE L. & PAMELA M. HARRIS 54693 BURDETTE STREET SOUTH BEND, IN 46637 002-1022-0507 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5372.01 UNNERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5362.01 STONE MANOR INVEST. CORP. 9900 BELWARD CAMPUS DRIVE SUITE 175 ROCKVII,LE, MD 20850 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 19, 2008 The Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Stadium Village Homes BZA 12/18/08 Dear Council Members: The above referenced petition of Stadium Village Homes was legally advertised on December 4, 2008. The Board of Zoning Appeals gave it a public hearing on December 18, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception of Stadium Village Homes to allow a group residence within Units "L" & "M" of Stadium Village in a "MF1"District, on property located on the west side of Burdette Street north of Vaness, 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 pat of this report. Sincerely, ~` Charles C. Bulot Building Commissioner CCB/cah - Stadium Village Homes :~~(,~5 °t q fir. ~{~' ~~ .._ ~ .1^ 4r. .. .. .. __._ '1:~ 'j`am' YI ].......; -- ~ r .. 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II I - ----- ~ I I ~ 151 I I ~ "p ~ ~ -g_ i ~ I I I~ '~ z V )~ I I i I! 4 `7 I ~ I' - - - - - ~ ~ ,~,~ L 1 ~ I ~ II ~ II I ~ II I I~il I~ T-_ _-~ ~~~ ~ J' l :~~ ~ 1 ~ I 1 I ~> I ~ I I 1 , I ~ ~ '~~ n s ~~~ ~ ~~ g >~ ~~ ~ $~ ~ ~~ ~ ~R ~ F~ ~¢~ ~~ ~~ S ~ ~ E~ g~ •~~ ~ ~~ ~~ ~ ~ ~ iC 9 ~~ H L m ~~~~ ~~x~ ~3~=€ . ~ ~~~ ~~ g~g~~^E~ ~~~ y~i 3 6s ~ 1 ~ ~ s ~9 ~~s~ s~~~~ a ; ~ ~~~ s~l~ ~~~~t $ ~~~~ ii~. l~il~ >~ >f ~ k ~~i BgLY ~e~ ~~~l~ ssls! ~~~ l.~~g~ ~~ ~J Y ~! ~¢iY~B r~ Board of Zoning Appeals -December 18, 2008 HEAVENLY HAM The petition of Heavenly Ham seeking the following variances: from the required 30' front yard setback to 11 ; from the required 26 parking spaces to 18; from the required perimeter landscaping to landscaping as shown on the site plan; and from the required dumpster landscaping to no landscaping, on property located at 2307 Edison Road. This property is zoned "CB" Community Business. This was tabled from the November BZA meeting. NO ONE CAME FORWARD AT THIS TIME TO PRESENT THE PETITION A MOTION WAS MADE AND SECONDED AND UNANIMOUSLY CARRIED TO TABLE THIS PETITION TO THE END OF THE MEETING STADIUM VILLAGE The petition of Stadium Village seeking a Special Exception to allow a group residence within Units "L" & "M" of Stadium Village in a "MF1" District, on property located on the west side of Burdette Street north of Vaness Street. This property is zoned "MF1". MR. DEREK SPIER: With Abonmarche Consultants, 750 Lincolnway East, South Bend and I'm representing the owner and builder who is Stadium Village Homes, LLC and with me this afternoon is Craig Taelman and also the contingent purchaser who is the Jesuit's and with me this afternoon is Bill McCarthy. I'd like to pass out a copy of a site plan and I do have a letter in support from one of the adjacent condominium owners, I'd like to submit. MR. SPIER PASSED OUT A SITE PLAN AND LETTER OF SUPPORT AT THIS TIME MR. SPIER: As is described in the petition we are seeking a Special Exception to allow units L and M within the condominium development to be used as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor opened to one another through the dining area. The opening between the two units will be constructed in a way that it can be closed up should the units ever be sold independently in the future. There will be a maximum of eight residents between the combined units and there will be eight bedrooms in the two combined units. And also there will also be eight parking spaces. Each of the two units has a two car attached garage and then there are two spaces immediately adjacent within the driveway. The proposed use is compatible with the adjacent land uses. Recently in the neighborhood there have been two condominium projects and one apartment development completed or under construction. And also the presence of a Jesuit community within the development, it will be largely unnoticed and virtually indistinguishable from the other condominium units. It will basically operate just like any other private residence. So the approval of this Special Exception will allow the members of the Jesuit community to basically function as one single non-traditional family. And with me this afternoon I have Bill McCarthy that would like to go into a little bit further detail about some of the members that will live here. 2 Board of Zoning Appeals -December 18, 2008 MR. SASSANO: Can I ask you a quick question? Where are the four extra parking spaces. I'm sorry I don't see them. MR. SPIER: Within the drive. Each of the units have a two car garage on the first floor and just right outside in the driveways, there will be two spots. MR. SASSANO: Okay so you're not referring to four designated spots? MR. SPIER: No. MR. BILL MCCARTHY: I'm a Remax 100 Realtor and today I am representing the Clark Street Jesuit community at the request of Father Paul Campbell. Father Campbell approached me two or three months ago with the idea that he wanted to consolidate the Jesuit community that has always existed at Notre Dame. Presently there are seven Jesuit priests that are spread out throughout St. Joe County. Two are living in the dorms at Notre Dame and five that live in a home up in the Granger area. They have a new student coming in next year which will bring us to a total of eight. Father Paul is actually the new administrator of the Jesuits. He's headquartered in Chicago but he is actually like, you would call it the regional manager, that would encompass the Notre Dame Jesuits. The Jesuits have a long tradition of having personnel or staff at Notre Dame and I think I need to point out that these are not typical college students. I have met all of the ones that will be residing here and they are in ages from 20 to 45. They're at Notre Dame studying, technically making them students but they are not typical students. MR. SASSANO: Are they all ordained priests? MR. MCCARTHY: The two students are not. ~ Some of the older ones are. The two that are in the dorms are not ordained yet. They are seminary students. Again what Father Paul, he approached me with this that he wants them to live together as a family. His charge for me was to find a residence within walking to Notre Dame to eliminate the need for each of the students to have cars. We toured a variety of properties within, again another one of my perimeters was a mile from campus, I identified multiple sites that might work and Father Paul settled on the Stadium Village project. Once we settled on that of course the next object again since this is technically not within the law, which is why we're here seeking a Special Exception for I can't think of any better phrase for it than anon-traditional family. And I think that ... MR. SASSANO: Who will own the building? MR. MCCARTHY: The Jesuits. MR. SASSANO: So you're selling the property to them? MR. MCCARTHY: I'm selling the property to the Jesuits and they will retain title. They're viewing it as a long term hold. The hold to their community there much as the Opus Day brothers do on south Notre Dame Ave. where there's 15 students and residents. There will not be any type of commercial development there. This is just viewed as lodging. And frankly again they're spacing is very important to them. They want one bedroom for each student. And the privacy issue, there will not be, obviously with this type of resident, it's not a typical student housing issue. Board of Zoning Appeals -December 18, 2008 MR. SASSANO: I just have one quick question for Chuck? Does this Special Exception transfer with ownership or is it tagged to the owner? In other words if they sell it does the Special Exception go away? MR. BULOT: The Special Exception does transfer with the property. It does stay with the property. MR. SASSANO: So if they sold it to a single owner who wanted to rent it to seven or eight students, that could happen without another review process? MR. BULOT: That is correct. MR. SASSANO: Is there a way to put a stipulation on the petition that it does go with the owner? MR. JANKOWSKI: No. No... MR. MCCARTHY: Excuse me, we did discuss the possible sale if indeed if it ever...the only reason the sale would come up is if the number of seminary students would diminish over a considerable period of years and at that point that is one of the reasons we wanted to keep units with individual characteristics, what they would seek then if they got into a sale situation, they would re-divide the units and then sell the unit they weren't using. And at that point the council then would have the opportunity to reclassify the unit. MR. SASSANO: Well in the case of a sale, does it become two group residences or does it automatically convert back to multi family? MR. BULOT: I believe once you designate the property that designation and the Special Exception travels with the designated units. So if you have the two units, you're going to have a Special Exception for those two units. If you divide them in half and you sell one of the units and make it essentially two units now rather than the one connected unit, I'm not sure about that. MR. JANKOWSKI: You're being a Special Exception for two units, period. How they construct the inside of them is none of our ... MR. MCCARTHY: Again I would point out that each presently has a separate address and another part of this process for us willing be combining the address into a single address which again we need to do is because there's an imaginary lot line that runs between the two buildings. MR. BULOT: Let's go back to the example you hinted to earlier and that is in the future sometime dividing them into two separate units. You still have the Special Exception and the use would be for each of the units independently whether or not you choose to use them that way. So if ... MR. MCCARTHY: Again what they've dictated to me is if they're not interested in the Special Exception staying with the unit. That's not one of their goals. MR. SASSANO: How long have the Jesuits been at Notre Dame? MR. MCCARTHY: Decades, decades. This home where they presently are in Granger, they've owned since 1985. And again they're viewing this as a long term hold. Actually Opus Day has been here since the 40's or 4 Board of Zoning Appeals -December 18, 2008 50's. So again the Jesuits have probably been here for at least 30 years and they're not envisioning going anywhere. Again this location is ideal for them. It is right across from the baseball field. Father Paul gets to achieve or have the opportunity to achieve his goal of eliminating the need for cars for the students. It's pretty much a college atmosphere there. Everything around there is multi family, condo. It's a high density area. Just on the eastern side of the campus. IN FAVOR MR. CRAIG TAEI;MAN: I'm with the builder of Stadium Village and my address is 1212 S. Walnut Street, South Bend. We're in favor of this as a developer for maybe a different reason than they're in favor of it for. Presently all of our owners are out of town owners and they only come in town periodically for the games. And it would be nice to have a local presence there and living there and who can monitor the units daily for us. And if we have local people living in that unit within Stadium Village I think it would be an asset for the whole community of Stadium Village so we have local people there to monitor the facilities on a day by day basis. So we are also in favor of having the Jesuits move into the Stadium Village complex. REMONSTRANCE MR. RICHARD DEAHL: From Barnes and Thornburg, located at 100 N. Michigan Street here in South Bend. I have the pleasure of representing Joseph Lombardy who is an owner of an individual townhome unit within the Stadium Village development. We do wish to express a couple of concerns of Mr. Lombardy to the Board today. As you note there's four standards that you as Board evaluate when granting or issuing a recommendations in favor or against or no recommendation for Special Exceptions. In this case the Special Exception goes beyond really a density issue. The Special Exception goes to the core issue of how many people and whether a household or a single family occupy unit. Mr. Lombardy acknowledges that this is certainly a higher dense area. It's a multi family one zoned area which permits single family units to be very close together and with additional variances there are zero lot line property. And Mr. Lombardy in this case has no issue and actually supports the idea of the future development and sale and occupancy of the unit so as by the Jesuit priests. His main concern is that this Special Exception, if it were to be granted, would apply to allow non families or non households to occupy these units on a go forward basis after the Jesuit priest's ownership. And therefore we're respectfully requesting that the Board consider either no recommendation or an unfavorable recommendation unless the Board were to consider imposing some conditions on this Special Exception, such as, the Special Exception would apply only for so long as owned and occupied by the Jesuit priests or their organization. Because without that this Special Exception would create two separate group residences which are basically two units within a single family, high density, but a single family developed area. It would allow two of these units to be used basically by students for rental housing or other uses in that fashion. And that could very well have an impact on values of the property within Stadium Village. as well as property values right around there. So we respectfully request that that the Board consider either making no recommendation to the City Council in this matter or an unfavorable recommendation unless conditions were imposed on the Special Exception to limit it solely to the Jesuit priests for their ownership and their occupancy of these two units. Thank you. REBUTTAL: Board of Zoning Appeals -December 18, 2008 MR. SPIER: I understand the concern about the properties after the Jesuits after if they should sell it of the units being transferred to a more traditional student use. We are in favor if a condition be put on the Special Exception. We are in favor of that. MR. HOBAN: I have a question, is there any intention of having a chapel of any sort, Inside the units? MR. SPIER: No. MR. SASSANO: Is this space going to be used for meetings of any kind? Is this simply for dwelling or are you going to have weekly Bible studies ...? MR. MCCARTHY: All they have expressed to me is just housing. Again presently their housing is spread throughout the county and their just seeking to bring students, the Jesuits all together so they can live together as a family. They've expressed no interest at all in any commercial type activities. The building isn't proper for that anyway. It's essentially four bedrooms with a basement. MR. SASSANO: Okay. Chuck correct me if I'm wrong, but should somehow should the use involve more into a public gathering space there are plenty of options through Code Enforcement to address that? Is that correct? In other words there's regular meetings with 20 cars showing up, does that then become a use that the neighbors find disruptive that they can react at that time? MR. BULOT: What you're getting into now is considered religious use and getting into a totally different area. If it functions as religious use then we have to accommodate the loading for the space and accommodate the public now because it falls under as if it were a church or as if it were a synagogue. You have to accommodate the public which means you have to have the handicap accessibility... MR. SASSANO: My question is if somehow this evolves into that, there are ways in which the issue can be brought forward for discussion and resolution if that's what in fact ...giving this a status of a group residence doesn't imply that this group can now operate freely as a religious organization with meetings? MR. BULOT: No. The Special Exception Use is solely for habitation. It doesn't cross over into an additional use. MR. SASSANO: Okay that answers my question. Thank you. My only question then for counselor is, what stipulations can we put on it? MR. JANKOWKSI: You can't limit it. If the Special Exception is recommended, the Special Exception runs with the property, period. So you can't stop it there. MR. SASSANO: And you can't put a time frame on it? MR. JANKOWSKI: You can't put a time frame on it. The Special Exception runs with the property. If they were to sell it, they would sell it with the Special Exception in place. And the Special Exception would run with both units regardless how they split it up inside. There's isn't anything you can do to limit that with regard to any motion made by this Board. 6 Board of Zoning Appeals -December 18, 2008 MR. SASSANO: I thought Special Exception were a little more open ended in terms of the definition of the occupancy in that for example you could say that the definition of a Special Exception is the use by a defined religious order for example. Do you understand? MR. JANKOWSKI: I do but what they're asking for is basically a group home. To get what you're talking about is ... MR. SASSANO: Defining a group home? MR. JANKOWSKI: No, no. MR. SASSANO: Group home in the Code is pretty specifically defined. MR. JANKOWSKI: Yes. MR. KILBASE: Didn't we have some comments from Area Plan? MS. CHRISTA NAYDER: Our only real concern was the parking. It looks like that they have at least allowed enough parking, one space per bedroom for this. For this development we were kind of looking down the road if there were to be enough parking for if everyone had one person per bedroom. Specifically for them it looks as if they have it covered here. MR. SASSANO: Well I'll try. I think one of the keys here is the term Special Exception and clearly this is a Special use. I think we're all sensitive to the impact of student housing being minimized and controlled especially in a new townhome development. But this particular Special Exception is in fact special in that they're all priests living in a community through the Jesuit order or seminarians and not the typical student housing. So I don't think the approval of this use would suggest to one or imply the approval of what we would find more typically which is undergraduate or graduate students living together. So I think there is a defined need for this Special Exception, I don't think it is injurious to the public health, safety and welfare. It certainly doesn't have a negative impact on the property values of the adjacent properties since the lifestyle is relatively quiet and seems to fit within the concepts of the denser plan design so I make a motion that we send to the Common Council with a favorable recommendation. A motion to send this Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Sassano and seconded by Mr. Hoffman. 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 I.C. 36-7-4-918.5; therefore, the petition was 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 writ to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 7 STADIUM VILLAGE (group residence in "MF1 ") SPECIAL EXCEPTION PURSUANT 2]-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTI-1 BEND, INDIANA FINDINGS OF FACT 1. TI-IE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public 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 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 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 propem~ 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 COMPREHENSIVE PLAN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 18th Day of December, ?008 YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON ' 4-3/C RD , , DUNNne fw vee . i. A I VACVAL e ~ -73c.s - Sacs 6o I~ I oAVlosoN aue. ~ ' ~ •e• ~ I ~ O ~e e /41 534/ ~ 5 4/.c/ Ih °h ~ /5 , I ~ 5344 I w ~ 34 tt I ~~ 5345 ~= I JAMISON NDUSE MINOR 9tT1 I J ~ p p i I 'Ce .~I /'i ° iH n ~1 5399 ~~~ o ~.. h 14j hl; 5933 u I NareS .,. ~ ,rJa -1YL~` h I I 33 t ~ ~ KwIaTKONSKI ~ ( 5340.0/ I /~ 534B.o4 5349.0/ ~ ~ 5353.0/ ~ ~ " ` 's v` ! MWOR SUB I 1 ne 7a a4 ~+ 7+ ~ <e I ,. 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