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Home My WebLink AboutSpecial Exception - 445 S. Meade StreetRESOLUTION 3967-09 Passed by the Common Council of the City of South Bend, Indiana April 27, 09 20 Attes April 28, dent of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 28, Approved and signed by me City Clerk 20 U 9 City Clerk 20 09 RESOLUTION NO. ~~ ~O~-~ \ 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 445 S MEADE 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 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: 445 S. Meade Street in order to permit a special exception to allow a duplex. 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. Member of the Common Council PRESENTED ~~L1'D~ NOT APPROVED ADOPTED ~`~-2-~ ~ ~ ~1~^d h C~CI'~~'S Q~iIC@ FEB 2 4 2009 JOHN VOORDE CITY CLERK, S0__BErt_, ~~ ~N'_ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-33 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 445 S MEADE 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. Ann Puzzello Chairperson, Committee of the Whole BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION ~iPPLICAIJT' S NAME_~G(y(~CQ ~(,~' ~/ e: ~ PHONE~~~ ~~~~ ~ `T 1 7 ADDRESS ~_~_2c~ V ~C /`' .S~ ~ e~iD ~r~/ ~66~~ ADDRESS OF PROPERTY ads 5 ~ ?RESENT ZONING OF PROPERTY /U OWNER' S NAME ,~( ~/ !,~' ~q' ~ J/ `e ~ PHONE^~~ y - ~ ~~- [ ( ~~ ADDRESS 2~ ~ O _ (9 (._C l~ ~ ~ /`~ L(e b ( 1 ~OUNSEL OR CONSULTANT PHONE ~DDRE S S dATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: attest under the penalties for perjury, that the foregoing representations are .rue . i g`nature of Property Owner (s ) 1 ~ , ~ ~ ~ ~ ~' ~~ ~ ~~ ' -....~' 5 •• V 1 \ {~.~. ~\~ ~ 1 ° r --- ~~~~~d _ J j ~ ,,_t `. ~ ~., (f ~ ~r,- --~-~ ~ ~:, !+ y, ~S ~~ ~~ ~~, ~~ l~ ~ ~~ ~~ ~ ----~ ~.~ a o~~~ a~a~" 7d 1.~,~wnS . 0981®7 r ~ t (~`,~ . ~~~-~. =~.` ~~~ Maria Galvez 445 Meade St. South Bend, IN .46619 February 6, 2009 To Whom It May Concern: The proposal is to make a duplex in the back of 445 Meade St. South Bend, IN 46619. The reason for this being that it is too big for a single family to live there. Since the apartment has a basement, first, and second floor it is necessary to make it a duplex. It will also be necessary to install an electric meter. In addition, I am currently paying taxes for three family units and I currently only have two electric meters. These will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare of the public. The proposed use will not injure or adversely affect the use of the adjacent area or property values; of any of the neighbors or surrounding public. It has its own parking space and it will not cause any disturbances to the public. The proposed use will be consistent with the character of the district in which it is located and that is St. Joseph County, the land uses authorized therein; and it will follow all of the public laws of the City of South Bend and the state of Indiana. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. eels Countv Parcels Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT 1 018-4035-1277 PERRIER JOSHUA M 607 W CALVERT SOUTH BEND IN 46619 PRICE DONALD R & 2 018-4024-0833 MICHELE D PROBLEM DE 430 S MEADE ST SOUTH BEND IN 46619 3 018-4035-1280 PIOTROWSKI ERNEST L 2629 W HURON ST SOUTH BEND IN 46619 4 018-4035-1281 KALAMAJA PAMELA JOY 2625 HURON SOUTH BEND IN 46619 KWIATKOWSKI PETER 5 018-4035-1282 CHESTER 2621 W HURON ST SOUTH BEND IN 46619 KWIATKOWSKI PETER 6 018-4035-1283 CHESTER 2621 W HURON ST SOUTH BEND IN 46619 CIESIELSKI HARRY S 8 .y 7 018-4035-1284 KATHY J 66700 MULBERRY RD LAKEVILLE IN 46536 SANTANA ROBERTO C 8~ 8 018-4035-1285 LUCILA 439 MEADE ST SOUTH BEND IN 46619 9 018-4025-0846 CHERRY MARY L MISC 438 S MEADE ST SOUTH BEND IN 46619 10 018-4025-0849 PATEL JUDITH A 2513 W HURON ST SOUTH BEND IN 46619 11 018-4025-0850 2507 RETE LAND TRUST 2913 MISHAWAKA AVE SOUTH BEND IN 46615 ROMERO EMIGDIO & 12 018-4025-0851 VELAZOUEZ LETICIA 5203 W SAMPLE SOUTH BEND IN 46619 POSELEY STEVE R & 13 018-4036-1311 ALICE E POSELEY 24741 NECEDAH DR ELKHART IN 46516 NAVARRETE WENESLAO 14 018-4036-1312 & MIREYA J JT W/EROS 2625 GRACE ST SOUTH BEND IN 46619 15 018-4036-1313 AMARUSO JOHN 2619 GRACE STREET SOUTH BEND IN 46619 16 018-4036-1314 FARHAN ABDAL R 2617 GRACE ST SOUTH BEND IN 46619,- - 2627 MONROE ST LAND 17 018-4035-1260 TRUST LLC 2627 MONROE SOUTH BEND IN 46619 SMITH LINDA K 1/2 INT & 18 018-4035-1261 LINDA K EDGIL 1/ 2617 W MONROE SOUTH BEND IN 46619 BALCER LENA F 8~ 19 018-4036-1315 WELLER-NYE CHERYL H 2615 GRACE ST SOUTH BEND IN 46619 N~ 20 018-4036-1316 RUBLESKI JAMES C & JUDITH A 515 S MEADE ST SOUTH BEND IN 46619 21 018-4025-0869 WENTLANO EUGENE J. AND PHYLLIS M. 518 S. MEADE ST. SOUTH BEND IN 46619 22 018-4036-1288 SMITH RAY D & CLARA A 506 S KALEY STREET SOUTH BEND IN 46619 23 018-4036-1300 MAGANA JOSE 2630 W HURON ST SOUTH BEND IN 46619 24 018-4036-1301 JESENSKY JOHN AND HELEN 2626 W. HURON ST. SOUTH BEND IN 46619 25 018-4036-1302 PERFOMANCE PROPERTIES NETWORK LLC 4935 WESTERN AVE DOWNERS GROVE IL 60515 26 018-4036-1304 CIESIELSKI ANDREW, ,STEPHEN, BROYLES TE 2614 W HURON ST SOUTH BEND IN 46619 27 018-4036-1305 AGUILERA VERONICA 501 S MEADE ST SOUTH BEND IN 46619 28 018-4025-0860 MARKS LINDA S 62481 PINE RD NORTH LIBERTY IN 46554 29 018-4025-0863 LEHMAN BROTHERS BANK FSB OPTION ONE 2020E 1ST ST SUITE 120 30 018-4025-0864 DIAZ JUAN 2510 HURON ST SOUTH BEND IN 46619 31 018-4025-0865 KOWALIK ENTERPRISES INC 2236 MILLERS CT MISHAWAKA IN 46544 32 018-4025-086801 ST ADALBERTS PARISH 2400 HURON ST SOUTH BEND IN 46619 33 018-4036-1318 CAPPERT THOMAS P 521 S MEADE ST SOUTH BEND IN 46619 34 018-4036-1289 SMITH RAY D & CLARA A 2505 FORD ST SOUTH BEND IN 46619 35 018-4036-1306 WILSON DAVID 505 S MEADE ST SOUTH BEND IN 46628 36 018-4025-0861 COPLEN PATRICIA 506 S MEADE ST SOUTH BEND IN 46619 37 018-4035-1278 ALEMAN ARNULFO & ESPERANZA 450 S KALEY SOUTH BEND IN 46619 38 018-4025-0847 CHANON CARLOS & CARMEN G 442 S MEADE ST SOUTH BEND IN 46619 39 018-4025-0870 THOMAS RICHARD J 522 S MEADE ST SOUTH BEND IN 46619 40 018-4036-1317 NDEGWA PAUL K 517 S MEADE SOUTH BEND IN 46619 41 018-4036-1290 RENEW INC 719 OAK ST SOUTH BEND IN 46616 42 018-4036-1307 PALMA GILBERTO S 509 MEADE ST SOUTH BEND IN 46619 43 018-4025-0862 AMERICA NATIONAL TRUST AND SAVINGS ASSOC 555 ANTON BLVD BC-071 COSTA MESA CA 92626 44 018-4035-1262 SMITH LINDA K 1/2 INT & LINDA K EDGIL 1/ 2617 W MONROE SOUTH BEND IN 46619 45 018-4035-1279 MIRAMONTES SALVADOR 454 S KALEY ST SOUTH BEND IN 46619 46 018-4035-1287 GALVEZ MARIA 733 PHILLIPA ST SOUTH BEND IN 46619 47 018-4025-0848 AJP REAL ESTATE GROUP LLC PO BOX 232 MISHAWAKA IN 46546 48 018-4035-1286 LOCHMONDY CAROL & IRENE NEMETH RESERVING 114 ACADEMY PL SOUTH BEND IN 46616 49 018-4035-1265 KALICKI KENNETH J 8 ESTHER B 421 S MEADE SOUTH BEND IN 46619 50 018-4024-0820 SINGH AVTAR 422 S MEADE ST SOUTH BEND 1N 46619 51 018-4035-1276 GARCILAZO SERAFIN 8 MARIA GUADALUPE 429 S MEADE ST SOUTH BEND IN 46619 52 018-4035-1268 WOODARD EDDIE LOUIS %WELCH CLAUDIA M 2514 KENWOOD AV SOUTH BEND IN 46628 53 018-4024-0834 SCHNEIDER MONICA H 434 S MEADE ST SOUTH BEND IN 46619 54 018-4035-1269 KOWALIK ENTERPRISES INC 2236 MILLER CT MISHAWAKA IN 46544 55 018-4035-1270 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 56 018-4035-1271 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 57 018-4035-1272 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 58 018-4035-1273 DOMINGUEZ JAVIER 2618 W MONROE SOUTH BEND IN 46619 59 018-4035-1274 BANDERA RICHARD J AND GERALDINE T 425 S MEADE ST SOUTH BEND IN 46619 60 018-4024-0832 SAENZ RENE 426 S MEADE ST SOUTH BEND IN 46619 61 018-4024-0835 WILSON GREGORY 2506 W MONROE ST SOUTH BEND IN 46619 62 018-4024-0836 WILSON GREGORY 2506 W MONROE SOUTH BEND IN 46619 63 018-4024-0837 PENROD BRADLEY A 5211 CHIPPEWA TRL FORT WAYNE IN 46804 64 018-4035-1267 ZSEDENY JOSEPH 56420 WESTLEA DR SOUTH BEND IN 46619 65 018-4035-1275 GARCILAZO SERAFIN & MARIA GUADALUPE 429 S MEADE ST SOUTH BEND IN 46619 18-4035-1287 Information shown on this map is not warraeted for accuracy or merchantability. Reproduction of this material is not possible without written permission of St. Joseph County, Indiana. N Photography:Spring 2002 Prepared by: W ~ ~ St. Joseph County Auditors ORice 227 W. Jefferson Blvd. 3 ~ South Bend, Indiana 46601 Phone: (574)235-9463 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 20, 2009 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 Maria Galvez BZA 3/19/09 Dear Council Members: The above referenced petition of Maria Galvez was legally advertised on February 25, 2009. The Board of Zoning Appeals gave it a public hearing on March 19, 2009 at which time the following action was taken: Upon a motion by Ms. Wilder-Hamilton being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception to allow a duplex in an "SF2" district, on property located at 445 S. Meade Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere , Charles C. Bulot Building Commissioner CCB/cah GALVEZ (duplex in "SF2") SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE 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. 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 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 COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: SUBJECT TO THE REZONING AND TO ALLOW A GROUP RESIDENCE FOR WEATHER RELATED EMERGENCY AS SET FORTH BY THE ST. JOSEPH COUNTY CONTINUUM CARE 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 19th Day of March, 2009. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON