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HomeMy WebLinkAboutSpecial Exception - Southeast corner of Dr. Martin Luther King Jr. Drive (A.K.A. Chapin Street and Lincolnway West)RESOLUTION 3576-06 Passed by the Common Council of the City of South Bend, Indiana April 10, Attest: 06 zo s City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 11, 206 Approved and signed by me Ap r i 1 13 , 20 0 6 City Clerk cry- G- ~ RESOLUTION NO. ~ S 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 THE (SOUTHEAST CORNER OF DR. MARTIN LUTHER KING JR. DRIVE (A.K.A. CHAPIN STREET) AND LINCOLNWAY WEST, 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: (SOUTHEAST CORNER OF DR. MARTIN LUTHER KING JR. DRIVE (A.K.A. CHAPIN STREET) AND LINCOLNWAY WEST, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow the construction and operation of a Public Fire Station facility on property presently zoned "MU" Mixed Use 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 Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. .~~ ~. Member of the Common ouncil PRESEtJTED l-~'~ ~~ NOT APPROVED ADOPTED ~~0 ~~ Folcd l~ ~~~a~z'~ Of~Ic® FEB 2 1 2006 JOhtt ~'t?D^DE CITY CL€,flK, 5D. 6EhD_1N ~„ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-23 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 SOUTHEAST CORNER OF DR. MARTIN LUTHER K{NG JR. DRIVE (A.K.A. CHAPIN STREET) AND LINCOLNWAY WEST, 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 Chairman BOARD OF ZONING APPEALS NO. NOTIFIED FILED 20 20 HEARING , 20 APPEAL Applicant's Name: CITY OF SOUTH BEND, ATTN: MR. CARL LITTRELL Phone 235-9521 Address: 13g FLOOR COUNTY-CITY BLDG., 227 WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Applicant's Name: SOUTH BEND HERITAGE FOUNDATION Phone 245-9597 Address: 803 LINCOLNWAY WEST, SOUTH BEND, INDIANA 46616 Address of Property: THE SOUTHEAST CORNER OF CHAPIN STREET & LINCOLNWAY WEST, SOUTH BEND, INDIANA 46616 Present Zoning of Property: "MU" MIXED USE DISTRICT Owner's Name:CITY OF SOUTH BEND, ATTN: MR. CARL LITTRELL Phone 235-9521 Address: 13g FLOOR COUNTY-CITY BLDG., 227 WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Owner's Name: SOUTH BEND HERITAGE FOUNDATION Phone 245-9597 Address: 803 LINCOLNWAY WEST, SOUTH BEND, INDIANA 46616 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE 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 THE SOUTHEAST CORNER OF DR. MARTIN LUTHER KING JR. DRIVE (A.K.A.CHAPIN STREET) & LINCOLNWAY WEST, SOUTH BEND, INDIANA 46616 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: PARCEL "A"; A). Approval of a Special Exception to allow the operation of a Fire Station facility; 2 VARIANCE REQUESTS: B). 1). From the requirement of locating 50~ of the fagade of a proposed building between the minimum 5 ft. front-yard setback and maximum 20 ft. front-yard setback area along the Western property line (i.e. Dr. Marin Luther King Jr. Drive (a.k.a. Chapin Street) frontage) to a minimum of 35 ft. ; 2). From the requirement of locating 50~ of the fagade of a proposed building between the minimum 5 ft. front-yard setback and maximum 20 ft. front-yard setback area along the Northern property line (i.e. Lincolnway West frontage) to a minimum of 82 ft.; 3). From the requirement of no parking within the 20 ft. Front-yard setback area along the Eastern property line (i.e. Kunstman Court) to 0 ft. to allow for parking spaces; 4). From the requirement of no structures in the 5 ft. Side-yard setback area along the Southeast property line to a minimum of 0 ft. to allow for a parking bay and a dumpster structure; 5). From the requirement of no structures in the 10 ft. Rear-yard setback area along the Southeastern property line to a minimum of 0 ft. to allow for a dumpster structure on property presently zoned "MU" Mixed Use District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: The Southeast corner of Chapin Street and Lincolnway West, South Bend Indiana 46616. The Petitioners are the owners 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 "MU" Mixed Use District. The Petitioners desire to build a Fire Station facility as shown on the attached site plan. The Petitioners understand that in order to allow for the proposed Fire Station facility a Special Exception and Variances will be required to be approved. In regards to the Special Exception, the Petitioners would state that this property was identified as an acceptable location to provide fire protection for both commercial and residential structures in an acceptable response time for this northwestern neighborhood of South Bend. The request for approval of the Special Exception is due to the fact that this property is presently zoned "MU" Mixed Use, and a Fire Station facility is only allowed as a Special exception under said zoning classification. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for a Fire Station facility, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or 3 adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that 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). In regards to the Variance portion of this property, the Petitioners are requesting the following: The first and second Variance requests are from the requirement of locating 50$ of the facade of a proposed building between the minimum 5 ft, front-yard setback and maximum 20 ft. front-yard setback area along the Western property line (i.e. Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) frontage) to a minimum of 35 ft. and to at least 82 feet along the North property line, (i.e. Lincolnway West frontage). The Architects worked with the City Engineering and Fire Department representatives, to site the proposed fire station as shown. They preferred to face the building along the Dr. Martin Luther King Jr. Drive (a.k.a.Chapin Street) frontage, which allows for easy access and exit of emergency vehicles to Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and also Lincolnway West. They wanted to have the building placed away from the street pavement area to allow for emergency vehicles to access the garage area of the facility. In order to place the building as shown, it is required have Variances approved to have the building placed outside the defined front-yard setback areas of both Chapin Street and Lincolnway West. The third Variance is from the requirement of no parking within the 20 ft. Front-yard setback area along the Eastern property line (i.e. Kunstman Court) to 0 ft. to allow for parking spaces. The site plan shows that there are proposed parallel and angled spaces to be placed along the eastern and southeastern portion of the property. These spaces are part of the City's plan to improve a portion of Runstman Court and also provide access for the property owners to the south to the existing north-south public alley. There will be a new east-west alley paved that will allow access back to Kunstman Court from said north-south alley. Some of the proposed spaces would be used by fire station personnel, and possibly by residents and customers frequenting commercial uses along Lincolnway West by Kunstman Court. The fourth Variance request is from the requirement of no structures in the 5 ft. Side-yard setback area along the Southeast property line to a minimum of 0 ft. to allow for a parking bay and a dumpster structure. As stated above, the parking is part of the City's proposed improvements for this area. The request for the Dempster is the result of the buildings' layout. The Architects, working with the City, placed the living area of the facility at the north and eastern portion of the building. The result was that the proposed dumpster structure was placed at a convenient location to the building but also at a location that could be accessed by trash truck from Kunstman Court. The last Variance also relates to the proposed Dempster and the request is from the requirement of no structures in the 10 ft. Rear-yard setback area along the Southeastern property line to a minimum of 0 ft. to allow for said dumpster structure. 4 The Petitioners believe that approval of the above Variances for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners believe the requested Variances allow the best siting of the proposed Fire Station facility and that the proposed parking along Kunstman Court will be an amenity for the properties adjacent to this site. They also believe the location of the dumpster works best with this proposed facility and its location allows for easier access to it for trash vehicles. The Petitioners would ask the Board Members to agree that approval of the above described 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 Petitioners contend 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 Exception are sought: that the need for the Variances and Special Exception 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 Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. T attest, under the penalties for perjury, that the foregoing representations are true. President Danch, Harner & Associates, Inc. Property Owners Within 300 feet Chad Tanner,Malcolm 8 Emma South Bend Heritage Foundation Virk Mart,lnc. Tanner 803 LincolnWay West 3901 West Dunes Highway 1844 N Elmer St South Bend, IN. 46616 Michigan City, IN. 46360 South Bend, I N. 46628 Tax Key # 018 1055 2346 Tax Key # 018 1055 2349 Tax Kav # f11R 1nFir, 7~.ri1 Virk Mart Inc James & Shirley Dawson James L Rosebaum 3901 West Dunes Highway 623 Marion St 814 Lindsey St Michigan City, IN. 46360 South Bend, IN. 46601 South Bend, IN. 46616 Tax Key # 0181055 2350 Tax Key # 018 1055 2364 Tax Key # 018 1055 2365 Cliff Harder Wanna Vay Knight Wanna V Knight 16377 Thrush St 510 Leland 510 Leland Granger, IN. 46530 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1055 2366 Tax Key # 018 1055 2344 Tax Key # 018 1055 2342 South Bend Heritage Foundation Donna Jo Allen James ~ Doris Williams 803 LincolnWay West P.O.Box 112 18445 Greenleaf Dr South Bend, IN. 46616 South Bend, IN. 46624 South Bend, IN. 46637 Tax Key # 0181055 2352 Tax Key # 0181055 2354 Tax Key # 018 1055 2355 Trent Rowe Trent Rowe Trent Rowe 936 E LincolnWay 936 E LincolnWay 936 E LincolnWay Mishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 Tax Key # 0181055 235601 Tax Key # 018 1055 2356 Tax Key # 018 1055 2357 Joe Grabill RR Company of America LLC Troy 8 Kim Lyvers 807 E Jefferson Blvd 105 Chapel Dr 509 Leland Ave South Bend, IN. 46617 Lafayette, LA. 70506 South Bend, IN. 46616 Tax Key # 018 1055 2358 Tax Key # 018 1055 2359 Tax Key # 018 1021 0869 Raymond G Miller Fred Buechner,Barb Buechner Mark Kroll & Joyce Kroll 14491 St. Rd. 120 1111 Sunnymede Ave 819 Park Ave Bristol, IN. 46507 South Bend, IN. 46615 South Bend, IN. 46616 Tax Key # 018 1021 0867 Tax Key # 018 1021 0868 Tax Key # 018 1021 0885 Mark & Joyce Kroll Mark ~ Joyce Kroll Civil City of South Bend Indiana 819 Park Ave 819 Park Ave South Bend, IN. 46601 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 0181021 0886 Tax Key # 018 1021 0884 Tax Key # 018 1021 0883 Mark & Joyce Krol{ New 2 U Houses New 2 U Houses 819 Park Ave P.O.Box 2544 P.O.Box 2544 South Bend, IN. 46616 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 1021 0882 Tax Key # 018 1021 088201 Tax Key # 018 1021 0881 New 2 U Houses South Bend Heritage Foundation Aphrodite Pappas P.O.Box 2544 803 LincolnWay W 512 W Madison South Bend, 1N. 46613 South Bend, IN. 46616 South Bend, IN. 46601 Tax Key # 0181021 0881 Tax Key # 018 1021 0880 Tax Key # 018 1021 0879 Jack St.Pierre Ironwood Acceptance Co LLC Anthony Sanders, Dwight Sanders 513 LincolnWay W P.O.Box 2288 1030 W Jefferson St South Bend, IN. 46601 Morristown, NJ. 07962 South Bend, IN. 46601 Tax Key # 018 1021 0893 Tax Key # 018 1021 0888 Tax Key # 018 1029 1288 E 8~ J of South Bend RR Co of America LLC Mark & Joyce Kro11 501 LincolnWay W 105 Chapel Dr 819 Park Ave South Bend, IN. 46601 Lafayette, LA. 70506 South Bend, IN. 46601 Tax Key # 018 1021 089001 Tax Key # 018 1021 0895 Tax Key # 018 1021 0896 Joyce & Mark Kroll Joyce 8~ Mark Kroll Mark 8~ Joyce Kroll 819 W Park Avenue 819 Park Ave 819 Park Ave South Bend, IN. 46616 South Bend, IN. 46616 South Send, IN. 46616 Tax Key # 018 1021 0897 Tax Key # 018 1021 0898 Tax Key # 018 1021 0900 Damien French Mark ~ Joyce Kroll Wadad EI Ammori 535 LincolnWay W 819 Park Ave 51343 Lilac Road South Bend, IN. 46601 South Bend, IN. 46616 South Bend, IN. 46628 Tax Key # 018 1021 0901 Tax Key # 018 1021 0899 Tax Key # 018 1029 1282 Louies Tux Shop South Bend Heritage Foundation Interfaith Christian Union, Inc. 716 LincolnWay W 803 LincolnWay W 702 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1029 1285 Tax Key # 018 1029 1286 Tax Key # 018 1029 1287 Patricia Smith, JT Smith Louise Blake Louise 8~ Har6e Blake 817 Obrien St 719 W Oak 719 W Oak St South Bend, IN. 46628 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1029 1289 Tax Key # 018 1029 1290 Tax Key # 018 1029 1291 Louies Tux Shop Interfaith Christian Union, Inc. South Bend Heritage Foundation 716 LincolnWay W 702 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 0181029 1293 Tax Key # 018 1029 129402 Tax Key # 018 1029 129502 Craig Hiser Wade 8 Liona Gadman Wade ~ Ilona Gadman 308 N Cushing St 828 Ridgedate Road 828 Ridgedate Rd. South Bend, IN. 46616 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 1029 1296 Tax Key # 018 1029 1297 Tax Key # 018 1029 1298 ~~Civil City of South Bend .South Bend Heritage Foundation South Bend Heritage Foundation South Bned, IN. 46601 803 LincolnWay W 803 LincolnWay W Tax Key # 018 1029 1299 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1029 1301 Tax Key # 018 1029 1302 South Bend Heritage Foundation South Bend Heritage Foundation South Bend Heritage Foundation 803 LincolnWay W 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1029 1302 Tax Key # 018 1029 1303 Tax Key # 018 1029 1304 South Bend Heritage Foundation Craig Hiser Neil Shambry 803 LincolnWay W 308 N Cushing St 328 N Cushing South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 0181029 1300 Tax Key # 018 1028 1269 Tax Key # 018 1028 1268 Jesus & Francesca Juarez StJoseph County Sue Stackhouse 731 Oak St 1200 County City Building 6720 N Michigan Rd South Bend, IN. 46616 South Bend, IN. 46601 Plymouth, IN. 46563 Tax Key # 0181028 1267 Tax Key # 018 1028 1266 Tax Key # 018 1028 1265 Pierre Smith Pierre Smith George Kalafat 310 S Kentucky 310 S Kentucky 426 N Cushing South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46616 Tax Key # 018 1028 1264 Tax Key # 018 1028 1263 Tax Key # 018 1028 1262 Reo Acceptance Corp Ltd Wadad EI Ammori Wadad EI Ammori 1124 Broadway Suite N 51343 Lilac Rd 51343 Lilac Road West Palm Beach, FL. 33404 South Bend, IN. 46628 South Bend, iN. 46628 Tax Key # 018 1028 1261 Tax Key # 018 1028 1260 Tax Key # 018 1028 1259 City of South Bend Indiana FIRE, Inc.C/O of Baker 8~ Daniels F I R E,Inc. C/O Baker 8~ Daniels South Bend, IN. 46601 205 W Jefferson Suite 250 205 W Jefferson Suite 250 Tax Key # 018 1025 1084 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1025 1085 Tax Key # 018 1025 1086 Mycroft Homes Partnership Naomi Cassirer Evelyn S Daron Goad 223 N Scott 713 W LaSalle St 709 W LaSalle South Bend„ IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1025 1096 Tax Key # 018 1025 1087 Tax Key # 018 1025 1088 Charles & Theresa Williamson South Bend Heritage Foundation Dea J Andrews 701 W LaSalle 803 LincolnWay W 223 N Scott South Bend, IN. 46601 South Bend, IN. 46616 South Bend, IN. 46601 Tax Key # 018 1025108801 Tax Key # 018 1025 1097 Tax Key # 018 1025 1098 Vemell Ball Daron & Evelyn Goad Charles Williamson 221 N Scott 709 W LaSalle 705 W LaSalle South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1025 1099 Tax Key # 018 1025 1089 Tax Key # 0181025 1090 Charles Williamson Wendy Stamatovich Gary White 701 W LaSalle Ave 714 W LaSalle 24197 N Shore Dr South Bend, IN. 46601 South Bend, IN. 46601 Edwardsburg, M1.49112 Tax Key # 018 1025 1091 Tax Key # 018 10251093 Tax Key # 018 1025 1094 K M Properties Anne Petelle City of South Bend 1901 LincolnWay W 219 N Scott South Bend, IN. 46616 South Bend, IN. 46628 South Bend, IN. 46601 Tax Key # 018 1022 902 Tax Key # 018 1025 1095 Tax Key # 018 1025 1101 City of South Bend South Bend Heritage Foundation South Bend Heritage Foundation South Bend, IN. 46616 803 LincolnWay W 803 LincolnWay W Tax Key # 0181022 0903 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1022 0905 Tax Key # 018 1022 0908 South Bend Heritage Foundation South Bend Heritage Foundation South Bend Heritage Foundation 803 LincolnWay W 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1022 0909 Tax Key # 018 1022 0910 Tax Key # 018 1022 0911 South Bend Heritage Foundation Mark & Joyce Kroll South Bend Heritage Foundation 803 LincolnWay W 819 Park Ave 803 LincolnWay W South Bend; IN. 46616 South Bend, IN. 46616 South Send, IN. 46616 Tax Key # 018 1022 091201 Tax Key # 018 1022 0912 Tax Key # 018 1022 0913 South Bend Heritage Foundation Inc. South Bend Heritage Foundation Joseph & Diana Alvarado 803 LincolnWay W 803 LincolnWay W 327 Kuntsman Ct South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46601 Tax Key # 018 1022 0914 Tax Key # 018 1022 0915 Tax Key # 018 1022 0916 Joseph 8~ Diana Alvarado Thomas Anton, Jacqueline Keldsen Angela Logan 327 Kunstman Ct 322 Kunstman Ct 25821 SLy Fox Ct South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46628 Tax Key # 018 1022 0917 Tax Key # 018 1022 0918 Tax Key # 018 1022 0919 James Underwood South Bend Heritage Foundation South Bend Heritage Foundation 24815 Packard 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46619 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1022 0920 Tax Key # 018 1022 0921 Tax Key # 018 1022 0922 Tom Anton, Peter Pappagianes Tom Anton 8~ Jacqueline Keldsen Gust 8~ Kalliope Anton 322 Kuntsman Ct 322 Kuntsman Ct 322 Kuntsman Ct South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1022 0923 Tax Key # 018 1022 0924 Tax Key # 018 1022 0925 Tom Anton, J.Keldsen, Gust Anton Dean i;< Mary Fitterling Dean & Mary Fitteriing 322 Kuntsman Ct 318 Kuntzman Court 318 Kuntzman Court South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1022 0926 Tax Key # 0181022 0927 Tax Key # 018 1022 0928 John St.Pierre John St.Pierre John St. Pierre 513 LincolnWay W 513 LincolnWay W 513 LincolnWay W South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 0181022 0929 Tax Key # 018 1022 0929 Tax Key # 018 1022 0930 Tonual 8~ Idella Booker Elijah Kosgei Leta Covington 325 N Taylor 3620 Langley Dr 5124 Colfax Ave South Bend, IN. 46635 South Bend, IN. 46614 South Bend, IN. 46619 Tax Key # 018 1022 0931 Tax Key # 018 1022 0932 Tax Key # 018 1022 0933 Precious Jeltz Camille Bouriier Edward Molenda 317 N Taylor 315 N Taylor 1238 Wayne St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46615 Tax Key # 018 1022 0934 Tax Key # 018 1022 0935 Tax Key # 018 1022 0936 Thomas 8~ Linda Gordon South Bend Heritage Foundation Cottage One Properties Inc. 629 W LaSalle 803 LincolnWay W 30204 Old US 20 West South Bend, IN. 46601 South Bend, IN. 46616 Elkhart, IN. 46514 Tax Key # 018 1022 0953 Tax Key # 018 1022 0951 Tax Key # 018 1022 0950 Jeffrey Bemdt Darryl &Tonya Watson Darryl &Tonya Watson 617 W LaSalle 615 W LaSalle Ave 615 W LaSalle South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1022 0949 Tax Key # 018 1022 0948 Tax Key # 018 1022 0947 Joseph ~ Diana Alvarado Joseph 8~ Diana Alvarado Lazzlo 8 Magdolna Hunyadi 611 W LaSalle 611 W LaSalle Ave 23765 Peppermint PI South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46614 Tax Key # 018 1022 0945 Tax Key # 018 1022 0946 Tax Key # 018 1022 0944 I hereby certify that the aforesaid persons are owners of all adjacent property, which may be affected by the granting of this appeal. Michael J. Da President Danch, Harner & Associates, Inc. ~~ Uanch, F/arner & ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Land Surveyors Professional Engineers Landscape Architects Land Planners Honorable Members of the City of February 19, 2006 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the City of South Bend and the South Bend Heritage Foundation for property located at the Southeast corner of Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and Lincolnway West, Indiana, 46616: Dear Council Members: Our clients are requesting the approval of a Special Exception for their properties located at the Southeast corner of Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and Lincolnway West, South Bend, Indiana. This Special Exception will allow the construction and operation of a Public Fire Station facility on property located in a "MU" Mixed Use zoning classification. Our clients believe that the approval of the proposed Special Exception will fit with the existing mixed uses along this portion of Lincolnway West and will also provide emergency services to this near Northwest South Bend neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danc President Danch, Harner & Associates, Inc. File # 050171 Md. "C" FiEv~ ~r ~E~~'~'~ C~r~~ru^~ FEB 2 1 2D06 d0`i,'i U Clnslc CI'1' CtEsdC:, fiL7. E~eFlg, t~ 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 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 17, 2006 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 3/16/06 The petition of the City of South Bend seeking a Special Exception to allow a fire station In "MU" Mixed Use, on property located at the southeast corner of Dr. Martin Luther King Jr. Dr. and Lincolnway West. Zoned "MU" Mixed Use Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on March 2, 2006. The Board of Zoning Appeals gave it a public hearing on March 16, 2006, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoban and unanimously carried, the petition for Special Exception of the City of South Bend to allow a fire station in "MU" Mixed Use, on property located at the southeast corner of Dr. Martin Luther King Jr. Dr. and Lincolnway West, 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. Sincerely, Donald F. Fozo, C.B.O Building Commissioner DFF/cah Filcd In Clerk's Office t.~~tl~ 2 3 2006 JOHN VOOADE CRY CtERK, S0. SEND, IN, CITY OF SOUTH BEND (FIRE STATION) 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. 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: Physical conditions make this property different to the surrounding area. 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 Special Exception is blending into the overall Comprehensive Plan and is not deviating from its intent. 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 16"' Day of March, 2006. YES NO ABSENT RICHARD KII_BASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURICE HOBAN