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HomeMy WebLinkAboutSpecial Exception - 1425 Clayton DriveRESOLUTION 3766-07 Passed by the Common Council of the City of South Bend, Indiana July 23, 20 07 Attest: / . City Clerk President of Common Council w Presented by me to the Mayor of the City of South Bend, Indiana July 24, 20 07 Approved and signed by me July 2 5 , 200 7 /~-Gsi City Clerk RESOLUTION NO. ~ ~ ~°~O ~~ 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 1425 CLAYTON DRIVE, 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: 1425 Clayton Drive, South Bend, Indiana 46614 in order to permit use as a residential care facility as a respite care home in an SF-1 Single Family Residence 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: 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 Co on Council PRESENTED ~ , L3 -~ NOT APPROVED ADOPTED, ~ `z3'~ 1 Filed In Clerk's Offcce ti4 AY 3 0 2001 JOHM \'OORDE CITY CLERK, S0. EE~lD, IR TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-87 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 1425 CLAYTON DRIVE, 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 OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME Chiara Home, Inc. PHONE 287-5435 ADDRESS 1105 W. Jefferson Blvd., South Bend, IN 46601 ADDRESS OF PROPERTY 1425 Clayton Drive, South Bend, IN 46614 PRESENT ZONING OF PROPERTY SF-1 OWNER'S NAME ADDRESS David Nufer PHONE 255-6101 724 W. Edison Road, Mishawaka, IN 46545 COUNSEL OR CONSULTANT James A. Masters PHONE 234-0121 ADDRESS Nemeth, Feeney & Masters, 211 W. .Washington, Ste. 1800, South Bend, IN NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Chiara Home, Inc. provides out-of-home respite care service to families caring for an individual with a developmental disability or other special need. Chiara Home provides care for persons of all ages, from infants to seniors. Respite care is available~at Chiara Home on a daily basis, or overnight, or for a weekend stay. The only permanent resident of Chiara Home is Sr Gretchen Clark. one of the founders of Chiara Home. Guests of Chiara Home may, on occassion, stay at Chiara Home overnight or for a weekend. Chiara Home petitions for approval as a Special Exception in an SF-1 Single Family Residence District to use the property as a residential care facility. Section 21.02.01(a)(2)(F); Section 21-11-02 "Group Residence." Chiara Home, Inc. B Its: At1 Signature oJf/Property Owner(s) James A. Masters David Nufe~ ~~~~~ ~ BY'~ i ~7`ames A. Masters I attest under the penalties for perjury, that the foregoing representations are true. ' ~~:,~ NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 21st day of June 2 0 0 7 at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by Chiara Home, Inc. (Applicant) and David NUfer (Owner ) SEEKING: Approval as a Special Exception in an SF-1 Single Family Residence District for use as a residential care facility as a respite care home. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1425 Clayton Drive, South Bend, IN 46614 AND IS LEGALLY DESCRIBED AS: Lot 65 Garland Woods Second Section. Tax Key: 023-1019-1126 Any person desiring to oppose or support said petition will be heazd at that Dated ~r~ day of ~~ BOARD OF ZONING APPEALS ~O `~°.a ~ OF THE CITY OF SOUTH BEND _, 3 ~.=' a ~ ,, ,~ Carolyn A. enry, Secretary to t oard TO TH + PE s your responsibility to complete this form correctly and deliver it to the Secretary of the Boar ppeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. on certain real estate in the City of South Bend. , . ~,~ ~_ J~~~'~1 1+tJGADE C17Y Ci~:r;r;, ^0. BEND, IN. NEMETH, PEENEY ~ MASTERS, P.C. ATTORNEYS AT LAW JAMES A. MASTERS VINCENT M. CAMPITI OF COUNSEL: REINHOLD SCHROEDER also admitted in Michigan PETERS. NEMETH The Common Council of the City of South Bend 4`h Floor, County-City Building South Bend, IN 46601 CHASE TOWER, SUITE 1SOO 211 WEST WASHINGTON STREET SOUTH BEND, INDIANA 46601 TELEPHONE: (574) 234-0121 (574) 233-9449 TELEFAX: (574) 234-3141 www.nfmlaw com RE: Dear Members of the Common Council: May 30, 2007 NEW CARLISLE OFFICE: 115 EAST MICfi1CAN STREET NEW CARLISLE, INDIANA 46552 TELEPHONE: (574) 654-3722 PETER F. NEMETH (1915-1995) F. GERARD PEENEY (1918-2004) DEVERE D. GOHEEN (7912-2000) Petition of Chiara Home, Inc. and David Nufer For Special Exception for 1425 Clayton Drive This letter is addressed to you on behalf of the Petitioner, Chiara Home, Inc., and the property owner, David Nufer, to request approval of the property at 1425 Clayton Drive, South Bend, Indiana 46614 as a Special Exception in an SF-1 Single Family Residence District to use the property as a residential care facility. Chiara Home, Inc. provides out-of--home respite care services to families caring for an individual with a developmental disability or other special need. Chiara Home was founded in September, 1993 and since that time has been located 1105 W. Jefferson Boulevard, South Bend, Indiana. Chiara Home provides care for persons of all ages, from infants to seniors. Respite care is available at Chiara Home on a daily basis, or overnight, or for a weekend stay. Chiara Home is not a "group home"as that term is used in the South Bend Zoning Code. The only permanent resident of Chiara Home is Sr. Gretchen Clark, one of the founders of Chiara Home. Guests of Chiara Home may, on occasion, stay at Chiara Home overnight or for a weekend. The Building Commissioner has taken the position that Chiara Home falls within the category of a "residential facility" under Zoning Code Section 21.02.01(a)(2)(F) and the definition of "Group Residence" found in Section 21-11-02. Consequently, Chiara Home petitions for approval as a Special Exception to use the property as a residential care facility in an SF-1 Single Family Residence District. NEMETH, FEENEY ~ MASTERS, P. C. ATTORNEYS AT LAW The Common Council of the City of South Bend May 30, 2007 Page Two Approval of Chiara Home's request to use the property at 1425 Clayton Drive, South Bend, Indiana 46614 as a Special Exception in an SF-1 Single Family Residence District as a residential care facility meets the standards for a Special Exception at I.C. 36-7-918.4 in the following respects: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Chiara Home has been providing quality respite care services to families caring for an individual with a developmental disability or other special need at its current location on West Jefferson Boulevard in South Bend since 1993. Chiara Home looks forward to moving to this residence so that it can expand its services and continue to provide quality respite care services to families in the South Bend area. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The property at 1425 Clayton Drive, South Bend had been used as a residential "group home" for persons with developmental disabilities from 1989 to approximately two years ago. Since that time, the property has been vacant. Chiara Home's use will eliminate a vacant house in the City. The house has been designed to be used by persons with disabilities. There is a handicapped access ramp into the house and a handicapped access ramp from the garage into the house. There are ramps over the doorways to accommodate wheel chairs. There is a large handicapped accessible bathroom. The doorways and hallways are extra-wide to accommodate wheelchairs. There are two first floor emergency exits. There is an interior fire sprinkler system. In fact, this house could not be used as a private residence without substantial modification. No modifications are anticipated that will change the residential character of the house. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. Sr. Gretchen Clark will be the only permanent resident of the home. The propose use of the house as a residential care facility by Chiara Home is similar to a child care home in which the house is the principal residence of the person who operates the child care home, which is a permitted use in an SF-1 Single Family Residence District under Zoning Code Section 21.02.01(a)(2)(D). 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is residential in character in a residential zoning district. . NEMETH, FEENEY tot MASTERS, P.C. ATTORNEYS AT LAW The Common Council of the City of South Bend May 30, 2007 Page Three The proposed use of this property by Chiara Home will be a benefit to the guests of Chiara Home and will be a benefit fox the City of South Bend. On behalf of Sr. Gretchen Clark and Chiara Home, you favorable action on this petition will be appreciated. Very truly yours, -- James A(. Masters JAM/slk cc: Chiara Home, Inc. File in Clerl~'~ Cafifiice P~4 AY 3 0 2007 JONt~ VOOROE CITY CLERK, S0. BENO, IN. 99.00 PLAT 15~ EASEMENT 14~ 60 N ~ W ~O W O ~- ~ N L Ig' 14~ 25~ SETBACK LINE ~ . _~-- ~i D = 3°-39~-39° T = 43.52 67.00 Ch= 86.98' ~ CLAYTON DRIVE - 50' SITE PLAN `,~~` 'r-`~ ^l•~^m Tl'ii `P t~,~Cf .`.i i~7T~n:7 «Ci'i L'~ Ii.TLI for Fii~~ I~ Clat'~'~ OfflCe h~ AY 3 ~ 2007 J^?~ VCOR~E CITY CL~~,K, a0. GE~~D, Ill. LANG FEENEY & ASSOCIATES I NCORPORATED LAND SURVEYING SOUTH-BEND, INDIANA SiCAL.E DATE I ~~ = 30~ 4/29/77 uJ 1 W IP-7~1;Sr78E8:!'~ ~ w ~ t ~ _ ~ ,~_, - ~, - ~ , ~ ,- ~`~ 1~-%~7r2 r - ~~ __ _ G' . _. ~4 1 ~ 1 , f _ C" - .. r, _1 , .. rx?. ~ ~ ~ ~.. A. ~ ~ J ~ 7fi '"''" ~ ~" : !, ? " ~ ,j,<~ ~ ~;^ 7"`'.? r„ ~ F::~5.03 :{.., Irk ~ ~ ~+ _ ~ ~ ~ [L Y.!_r Y a ~ ( ~ f~+y~ ..t; afr L." 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Jefferson Blvd. S South Bend, Indiana 46601 Phone: (574) 2359463 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 June 22, 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 6/21/07 The petition of Chiara Home, Inc. seeking a Special Exception for a residential care facility, on property located at 1425 Clayton Drive. This property is zoned "SF1" Dear Council Members: The above referenced petition of Chiara Home, Inc. was legally advertised on June 8, 2007. The Board of Zoning Appeals gave it a public hearing on June 21, 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 Chiara Home, Inc. for a residential care facility, on property located at 1425 Clayton Drive, is sent to the Common Council of the City of South Bend 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, Gf/O~~G~G'~i~ Donald F. Fozo, C. .O. Building Commissioner DFF/cah CHIARA HOME, INC (Residential Care Facility in "SF1") SPECIAL E?LCEPTION PURSUANT 21-09.3(D) BOAP.D OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL N01' BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, CONINIUNITY MOP~AL STANDAP.DS, CON~BNIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with al] Uuilding, fire safety, traffic, and parking regulations as to not Ueing injurious to the puUlic 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. PROPEP~T1' VALUES TI-IEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding proper[ies. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND TI-IE 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 COrLIPREHEIVSIV£ PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatinc fro[n its intent. CONDITIONS OP. RE\~ISIONS: DECISION IT IS THEREFORE the decision of the Board that this regt[est for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 21st Day of .Tune, 2007.. , YES NO ® RICHARD IiILBASE ABSE'_~'T CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON CHIARA HOME, INC. The petition of Chiara Home, 111c. seeking a Special Exception for a residential care facility, on property located at 1425 Clayton Drive. This property is zoned "SF1" MR. JAMES MASTERS: I'm the attoniey for the Chiara Home petitioning this case along with Mr. David Nufer who is the property owner. The petition is for a Special Exception for property at 1425 Clayton Drive in South Bend, Indiana. You may or may not be familiar with Chiara Home. Chiara Home provides respite care services for families who care for an individual with the disability or other special needs. The idea of respite care is really to take in the person so that the family might have some free time to themselves. A free weekend, ovei-~light or just during the day. It was my pleasure to have served as a member of the Board of Directors for six years. My legal assistant Susan Kating is also a member of the Board. She has a son who is a regular guest of the Chiara Home and sitting next to her is Brenda Emmericlc the development director for Chiara Home. This property becoming available to Chiara Home is really a God send. For a number of years Chiara Home has been looking for other property to expand. To be able serve it's client's in a better fashion. This property became available and I know Mr. Nufer would be embarrassed for me to say this, but Mr. Nufer is the president of the Board of Directors of Chiara Home, and when it became available, because it's such a good fit for Chiara'Home, he purchased it to hold to take off the market until Chiara Home could go through Board of Zoning Appeals - .tune 21, 2007 the process of having the zoning clarified and then Chiara Home will purchase it from Mr. Nufer. That's why he's cun•ently the owner.. The Building Commissioner suggested that Chiara Home falls under the classif cation as a Special Exception as a group home. Chiara Home is not a group home as such. As that term is used in the South Bend Zoning Code. There is only one permanent resident and that is Sister Gretchen Clark who is the founder of the Chiara Home and who is the primary care giver. There are guests of Chiara Home that occasionally spend the night or weekend. Typically there are not more than 8 guests at Chiara Home at any given time and typically they are not overnight guests. But there on occasion guests for an overnight stay or for a weekend which requires us to be here for a Special Exception. I would suggest the Chiara Home is more like a day care that falls within an allowed use under the zoning code and does not require a Special Exception. A~day care in which the primary care giver lives within the facility. We have heard from one property owner who lives nearby who spoke with Brenda and had a member of questions and we understand he sent you a letter indicating that after he talked to her that he welcomes us with open arms. We have heard no other objections. This will be a great thing for Chiara Home. It certainly doesn't create any adverse affect. Our understanding is that this property had been for a number of years used as a group home as such with residents there, developmentally disabled residents there. Also our understanding is that this property has been vacant for about two years. It is unique in that the batlu•ooms are designed to be used by persons with disabilities. There is a handicap access ramp from the garage into the house and there is also a handicap ramp into the front door of the house. The hallways and doorways were built extra wide to accommodate people in wheelchairs. There are two first floor emergency exits. There is an interior fire sprinkler system . This house really couldn't be used as a private resident without a substantial renovation. It is on the other hand just what Chiara Home needs and wants and we would like your recommendation to the City Council favorably that this be approved as a Special Exception. And if there are any questions, we'll try and answer them. IN FAVOR There was no one present to speak in favor of this petition. MR. HOBAN: I have the letter here from Leone Halpin and signed by his counsel, Stanley Wnible and it states that he is in favor of the special petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. MR. HOBAN: Area Plan recommends that we send this to the council with a Favorable Recommendation. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Kilbase and seconded by Ms. Wilder-Hamilton. 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 LC. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Board of Zoning Appeals -June 21, 2007 Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION OTHER BUSINESS: A motion was made and seconded and unanimously can•ied to approve the Findings of Fact for May. FINDINDS OF FACT APPROVED A motion was made and seconded and.unanimouslyearried to approve the Minutes for May. MINUTES APPROVED The meeting was adjourned at 3:40 p.m. ATTESTED: Carolyn A. enry, Secretary to the Board RESPECTFULLY SUBMITTED: Maurice Hoban, Jr., Vice Chairman 9 TAX KEY NUMBER. 023-1019-1127 023-1019-1129 023-1019-1130 023-1019-1113 023-1019-1120 023-1019-1123 023-1019-1124 023-1019-1122 023-1005-0392 023-1005-0393 023-1005-0394 PROPERTY OWNER Stanley F. Wruble, III Allison C. Ahearn 1415 Clayton Drive South Bend, IN 46614 Gary and Jamie Hall 1417 Clayton Drive South Bend, IN 46614 Ocie Maxine Brazier 1345 Clayton Drive South Bend, IN 46614 Patrick and Mary Lahey 1348 Clayton Drive South Bend, IN 46614 Edward and Charlene Idzik 1340 Echo Drive South Bend, IN 46614 Elsye D. Vodnoy, Trustee 1430 Clayton Drive South Bend, IN 46614 Kathy Elliot 1420 Clayton Drive South Bend, IN 46614 Michael and Jennifer Graveel 1345 Byron Drive South Bend, IN 46614 Joseph Coletti 1349 Byron Drive South Bend, IN 46614 Daniel and Diane Noss 1355 Byron Drive South Bend, IN 46614 TAX KEY NUMBER 023-1005-0395 023-1005-0480 PROPERTY OWNER Richard and Linda Williamson 3919 York Road South Bend, IN 46614 South Bend Community School Corp. John Marshall School 215 South St. Joseph Street South Bend, IN 46601 018-7215-785831 Erskine Manor Hill Development LLC 018-7215-785832 211 West Washington, Suite 2400 South Bend, IN 46601 018-7216-8005 Myron and Rosemary Noble 3619 Sullivan Court South Bend, IN 46614 018-7216-8004 Janet Jenkins 3621 Sullivan Court South Bend, IN 46614 ~ ~~~~1Ce Fi1~~1 !n ~1~~~~ ~ ~~ Ay 3 0 2001 1~0 8Et10,1N. ~~~{ CIE.t~~C, S~'