HomeMy WebLinkAboutSpecial Exception - 747 S. MichiganRESOLUTION
3977-09
Passed by the Common Council of the City of South Bend, Indiana
June 22,
Attest:
09
20
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 23, 20 09
Approved and signed by me June 23 20 09
City Clerk
i
RESOLUTION NO. 3 ~ ~ ~ ' 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
747 S. MICHIGAN 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; 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:
747 S. Michigan Street, South Bend, Indiana
in order to permit
A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE IN A "MU" 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;
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 ommon Council
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APR 2 8 2009
JONt~ VOORDE
CITY CLERK, 50. BE~dD, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-43 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 747 S.
MICHIGAN 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
SOPKO, NUSSBAUM, INABNIT & KACZMAI3EK
ATTORNEYS AT LAW
RICHARD A. NUSSBAUM, 11•
BRENT E. INABNIT"
MATTHEW R. KACZMAREK
JOSHUA A. VISSER
KEVIN E. WARREN
NICHOLAS J. DERDA
5TH FLOOR -PLAZA BUILDING
210 S. MICHIGAN STREET - P.O. BOX 300
SOUTH BEND, INDIANA 46624
TELEPHONE (574) 234-3000
FACSIMILE (574) 234-4220
EMAIL ADDRESS: SNI®SNI-LAW.COM
OF COUNSEL
THOMAS C. SOPKO
RONALD J. JAICOMO
'ALSO ADMITTED IN MICHIGAN
"ALSO ADMITTED IN ILLINOIS
April 29, 2009
Mr. Al "Buddy" Kirsits, Chairperson
Zoning and Annexation Committee
City of South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
Re: Petition for Special Use Exception for Property at
747 South Michigan Street, South Bend, Indiana 46601
Dear Chairman Kirsits:
I represent Robert L. Miller, Sr., a contingent purchaser for property located at 747 South
Michigan Street, South Bend, Indiana 46601. Judge Miller is a tireless advocate on behalf of
veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an
inordinate number of veterans are in need of housing and other social services.
The Center and Judge Miller have developed a program entitled "Miller's Vets Program".
This programming consists of the following:
Veterans Amnesty: Given the fact there are no VA emergency shelters, the Center
for the Homeless is going to make available an extension of the current weather
amnesty program so that veterans may immediately access emergency housing
services during the course of the year.
2. Veterans Drop-In Center: An expansion of the veterans amnesty program is to
include daytime services, both basic (laundry, food, clothing, hygiene) and
supportive programming so that veterans may access medical, pension, disability,
mental health/substance abuse treatment, adult education, and rehab services.
3. Veterans Permanent Support Housing: As a final expansion of the Miller's Vets
Program, permanent housing will be considered and provided at the building
located at 747 South Michigan. There is no current timetable for the permanent
supportive housing, but it is important that additional emergency housing be
provided to veterans.
Page 2
Items 1 and 2 of Miller's Vets Programming may be provided at 747 South Michigan under
the current "MU" zoning (Section 21-03-02 of the City of South Bend Zoning Ordinance). These
services are permitted uses under Section 21-03-02(a)(1)(F). However, the third component of
the program which provides for emergency residential services, is a Special Exception Use under
Section 21-03.02(a)(2)(F). Accordingly, Judge Miller is petitioning the Board of Zoning Appeals
to consider this special exception for residential use in this mixed used district, as a preliminary
step for Common Council approval.
We look forward to discussing this important project with the Board of Zoning Appeals
and the Common Council.
Should you require additional information, please feel free to contact me.
Sincerely,
Richard A. Nussbaum, II
Dicknna,sni-law.com
RAN/sc
cc: Mr. Oliver Davis
Mr. Robert L. Miller, Sr.
Mr. Steve Camilleri
P:\WPS 1\DOC\CFFI\ItrsZoning
Filed nl Clerk's Qf#ice
APR 2 8 2D49
JQHN VpORDE
CITY CLzfiK, 50. BEND, IN.
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME: Robert L. Miller, Sr. d/b/a Miller's Vets
Phone: 574243-9777
ADDRESS: 17526 Douglas Road L-9, South Bend, IN 46635
ADDRESS OF PROPERTY: 747 S. Michigan Street, South Bend, IN 46601
PRESENT ZONING OF PROPERTY: Mixed Use
OWNERS'S NAME: LC Typesetting Co., Inc.; phone: 574-233-6600
ADDRESS: 1858 Hass Drive, South Bend, IN 46635
COUNSEL OR CONSULTANT: Applicant and Richard A. Nussbaum, II
Phone: 574234-3000
ADDRESS: 210 S. Michigan St., 5th Fl., Plaza Bldg., South Bend, IN 46601
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
Applicant is a contingent purchaser from Owner and intends to assign and/or contribute his interest
in the praperty to the Center for the Homeless, Inc. for its use in rendering humanitarian and
charitable care and comfort for homeless veterans. Said care shall be comparable to that currently
extended in its present facilities, being the second building(s) south of this property. Said uses
require under the Zoning Ordinances a "Special Exception Use" classification to permit "Group
Residents" consisting of persons not related by blood, legal adoption or marriage (Section 2I-03-
02(a)(2)(F). The potential number of persons will be based upon the number of eligible applicants.
Currently 20 to 30 veterans are cared for each night. Estimated this property would permit the
doubling of that number, limited only by physical amenities (plumbing) etc. (continues on page 2).
We attest under the penalties for perjury, that the foregoing representations are true.
Signature of Prope Owner by attac ed Powwer of Attorney
Contingent Purchaser
P:1WP51~DOG1CFHlpelitlon
Page 2
Petition of Robert L. Miller, Sr.
Applicant is also requesting a Parking Variance from the required ten (10) parking spaces to
zero (0).
In support of this Variance request, a letter from the Center for the Homeless, Inc., the
property owner immediately north of 747 South Michigan Street, South Bend, Indiana is attached
indicating the availability of parking in excess of the required ten (10) spaces.
The Special Use Exception:
1. Will not be injurious to the public health, safety, comfort, community moral
standards, convenience, or general welfare. In fact, the Special Use for GROUP
RESIDENCE will address an important community need by providing services and
housing for veterans who as a group have a documented need for social and
residential services.
2. The proposed Special Use for GROUP RESIDENCE will not injure or adversely
affect the use of the adjacent area or property values. Some of the properties in the
immediate area have suffered from lack of use. In addition, the Center for the
Homeless has provided services in the adjacent area which has improved property
values, and this use will supplement the success of the Center.
3. The Special Use for GROUP RESIDENCE will be consistent with the character of
the district in which it was located and the land uses authorized therein. As stated
above, there is already a group residential facility and office for social/health services
within the same block.
4. The proposed use for GROUP RESIDENCE is compatible with the recommendations
of the City of South Bend Comprehensive Plan.
EXHIBIT
LIlVIITED POWER OF ATTORNEY
Know all men by these presents, that LC Typesetting
Co fnc, an fndiana Corporation operating in St. Joseph County, State of Indiana
does hereby appoint Robert L. Miller Sr. and/or
Richard A. Nussbaum, practicing Attorneys in the City of South Bend,
State of Indiana , to be its true and lawful attorney/s-in
fact with full power in its name and stead for and on its behalf to represent this Corporation as OWNER of a
building and property located at 747 S. Michigan Street, South Bend, IN. in the action to change its zoning
from Mixed Use to Special Use before the Zoning and Annexation Committee and/or the Common Council of
the City of South Bend, Indiana, for the purpose of representing it on the pending zoning petition and to
answer any and all questions thereon.
I hereby ratify all that my said attorney/s-in-fact shall lawfully due or cause to be done by virtue
hereof
2009.
In Witness Whereof, I have hereunto set my hand and seal this
Lf
day of April
LC Typesetting Co Inc.
gy 1 ~ L-~~ ~ ~ ,~L~ GL~r3-~-
President
STATE OF INDIANA )
)SS:
St. Joseph County
Before me, the undersigned, a Notary Public in and for said County and State, came LC Typesetting Co Inc.
by its President, and acknowledged the execution of the above Limited
Power of Attorney"
Witness my hand and official seal this -~-- day of April, 2009
My Commission Expires: June 16, 2009
Si ature
~ ~ ~t n:~
Printed Name of
Notary Public
Eva G. Johnson
Resident of St. Joseph County
(Seal) This Instrument prepared by Attorney Robert L. Miller, Sr.#9361-
71;17526 Douglas Rd. L-9, South Bend, Indiana, 46635; Phone243-9777
Center for -
tneHomeless
Breaking the cycle of homelessness.
Apri129, 2009
City of South Bend Board of Zoning Appeals
125 S. Lafayette Blvd.
South Bend, IN 46601
Re: In reference to petition for parking variance 747 S. Michigan
Dear Members of the Board,
The puxpose of this letter is to confirm the Center for the Homeless owns and uses
the parking lot immediately to the north of 747 S. Michigan. There are currently
38 spaces in that lot and approximately one-third of the spaces are used on a
regular basis. The Center will make available at least 10 spaces for the use of the
veterans' programs contemplated at 747 S. Michigan.
Once the purchase of the building is formalized, a written agreement consistent
with this letter will be drafted and signed. It is contemplated that the Center may
own 747 5. Michigan at some future date. Therefore, the ownership of the
parking lot and the building will be the same at that time.
Sincerely, -~
~~~~~
Tammy Oehm
Director of Operations
813 S. Michigan St. South Bend, IN 46601 Tee: 574.282.8700 vax: 574.287.5023 www.cFH.net
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For
747 S. 1IICIIIG~'V STIZETiJT
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~~I:f111Tii~
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
May 26, 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
BZA 5/21/09
Dear Council Members:
The above referenced petition of Robert L. Miller, Sr. was legally advertised on May 1, 2009. The Board
of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was
taken:
Upon a motion by Mr. Hoffman, being seconded by Mr. Kilbase and unanimously carried,
the petition for Special Exception for Robert L. Miller Sr. for a group residence in a "MU" district,
on property located at 747 S. Michigan 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.
Sincerely,
.,~ %
Charles C. Bulot
Building Commissioner
CCB/cah