HomeMy WebLinkAboutSpecial Exception - 3423 South Michigan Street with Contiguous Vacant landI~ESOLUTIOt~
3983-09
Passed by the Common Council of the City of South Bend, Indiana
July 27, 20 9
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
JUiy 2s,
2009
Approved and signed by me July 29 20 09
City Clerk
RESOLUTION NO. 3~g3 ~~9
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
3423 SOUTH MICHIGAN STREET WITH CONTIGUOUS VACANT LAND
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:
3423 South Michigan Street with contiguous vacant land,
in order to permit apre-school as an adjunct use to a public school, which is a permitted primary
use under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single Family and Two Family
District, Permitted Uses, Special Exception Uses, Educational Use.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Cornmon 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:
BDDBO 1 5692905v 1
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 Common Council
PRESENTED ~ -Z~--o~
NOT. APPROYED
BDDBOI 5692905x1
~il~d in ~i~r3~ ~ ~~°~c®
~uN - 9 2009
~p}{N VO®RDE
CITY ClE£iK, So. D~plD, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-54 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 3423
SOUTH MICHIGAN .STREET WITH CONTIGUOUS
VACANT LAND
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
f
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME Charter School Development Corporation PHONE 443.561.1280
ADDRESS 7272 Park Circle Drive, Suite 265, Hanover, Maryland 21076
ADDRESS OF PROPERTY 3423 S. Michigan St. with contiguous vacant land
PRESENT ZONING OF PROPERTY Rezoning to SF2 Single Family and Two Family District
was approved by the City Council on June 8
OWNER'S NAME Charter School Development Corporation PHONE 443.561.1280
ADDRESS 7272 Park Circle Drive, Suite 265, Hanover, Maryland 21076
COUNSEL OR CONSULTANT Wendy K. Walker-Dyes PHONE 574-239-1965
ADDRESS Baker & Daniels LLP, 202 S. Michigan St., Suite 1400, South Bend
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
Variance from Zoning Ordinance 21-02.11(a)(31(F) General Regulations for
Residential Districts, Grade Level Im rovements, and 21-02.02(b)(5)(A) SF2
District, Development Standards, to allow existing front yard parking to be
retained with setback from required 25' to 0' for 13 spaces for school staff and
visitors, including handicapped parking, and 21-02.02(b)(5)(B)(ii) for north side
yard setback from required 20' to 0' for existing non-residential structure to be
converted to a public school.
Special Exception under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single
Family and Two Family District, Permitted Uses, Special Exception Uses, Educational
Use, to allow pre-school as adjunct to permitted primary use as a public school.
I attest under the penalties of perjury, that the foregoing representations are
true.
~,/v /~~
Signature of Property Owner(s)
Charter School Development Corporation
By Its Attorney
BAKER f•~~DAN lELS
EST. 1863
WENDY K. WALKER-0YES
Attorney at Law
Admitted In Indiana and Michigan
Direct 574.239.1965
we nd y.w a 1 ke r-dyes@b a k e rd. co m
June 9, 2009
Board of Zoning Appeals
City of South Bend
c/o Carolyn A. Henry, Secretary
125 S. Lafayette Blvd., Suite 100
South Bend, IN 46601
BAKER & DANIELS LIP
202 S. Michigan Street, Suite 1400
South Bend,lndiana 46601
Tel 574.234.4149 Fax 574.239.1900
www.bakerdaniels.com
via hand delivery
Re: Xavier Charter School of Excellence
3423 South Michigan Street, South Bend, with contiguous vacant land
Dear Board of Zoning Appeals Members:
On behalf of the Charter School Development Corporation, enclosed is a petition for a variance
from the general regulations for residential districts to allow existing front yard parking to be
retained and reduced setbacks as part of the renovation of an existing vacant building for a new
primary and secondary public charter school. We are also seeking a special exception to allow
the inclusion of apre-school as an adjunct use to the permitted primary use as a public school.
The property was most recently owned and used by SouthGate Church, Inc. (f/k/a Calvary
Temple-South Bend Gospel Tabernacle, Inc.) and previously housed the Busk Brothers furniture
store. On June 8, the City Council approved the zoning change from MU Mixed Use District to
SF2 Single Family and Two Family District, which includes public schools as a permitted use.
The petition to allow existing front yard parking and reduce the front yard and the north side
yard setbacks will satisfy the standards for granting a variance under I.C. 36-7-4-918.5 as
follows:
A. The approval will not be injurious to the public health, safety, morals, and general
welfare of the community because the variance is necessitated by the rezoning from the
MU (mixed use) district to SF2 in order to allow reuse of a vacant commercial structure
by conversion to a public K-8 school, which the City determined to be a primary use that
is compatible and allowed as of right in a residential district. The variance will merely
accommodate the continued use and retention of the existing 28,000 square foot building
and an existing row of 13 asphalt parking spaces between the sidewalk and the existing
building.
Board of Zoning Appeals 2 June 9, 2009
B. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because the variance will merely allow the use
of an already existing building and paved row of parking, and the adjacent area will thus
experience no adverse impact. Instead, the variance will create a positive effect on the
area's value because it facilitates the reuse of a vacant structure.
C. The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property because the variance is necessitated by the rezoning
from the MU (mixed use) district to SF2 in order to allow reuse of a vacant commercial
structure by conversion to a public K-8 school. The continued use of the existing front
yard•paved parking area for 13 cars between the sidewalk and the building is needed to
allow adequate accessible parking, particularly visitor parking and handicapped parking
near the front entrance.
The petition for inclusion of apre-school as an adjunct use will satisfy the standards for granting
a special use as follows:
The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare because the pre-school use can be
effectively integrated with the planned public K-8 school, which the City determined to
be a primary use that is compatible and allowed as of right in a residential district.
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein but instead will create a positive effect on the area's value because
the special exception will assist in allowing the full reuse of a vacant structure as an
educational institution in a manner that is compatible with the surrounding residential
areas and mixed buffer-type uses.
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 the pre-school use can be effectively and
seamlessly integrated with the planned public K-8 school, which the City determined to
be a primary use that is compatible and allowed as of right in a residential district.
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan because the Policy Plan's Objective PF 1.2 is to maintain and
enhance essential community assets, and the Land Use Plan's LU 2.2 calls for the pursuit
of a mix of land uses along major corridors as identified on the Future Land Use Map.
The South Gateway Commercial Corridor Action Plan, July 1998, lists the property as a
development site in the Middle Mixed Use Sector, identifying proposed uses as office,
retail, and commercial. In its review of the rezoning for the property, the Area Plan
Commission staff determined that it is responsible development and growth to allow the
expansion and adaptive re-use of buildings and accommodate uses that can act as a
BDDBOI 5692958v 1
Board of Zoning Appeals
June 9, 2009
transition from more intense uses to residential uses and, specifically, that the re-use of
this building will contribute to the growth of the neighborhood as well as the South
Gateway Commercial Corridor.
Thank you kindly for your consideration.
Sincerely,
Wendy K. Walker-Dyes
cc: Susan Scuderi, Lee Companies
BDDB01 5692958v1
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ANCON CANSTRUCTION CO.. INC. 574.533.9561 574.6749941 FAIL 574.534.5546
PARCELID NAME_1 PROP_ADDR CITY TAXMAILADD TAXMAILCIT
018-7163- SOUTH BEND IN 3506 S MICHIGAN SOUTH BEND IN
5743 WIEGER JULIE A 3506 MICHIGAN 46614 ST 46601
018-8139- MATTHEWS SOUTH BEND IN SOUTH BEND IN
5036 VERONICA R 3439 MAIN 46614 3439 S MAIN ST 46614
018-8139- SOUTH BEND IN 115 S LAFAYETTE SOUTH BEND IN
5037 3443 LAND TRUST 3443 MAIN 46614 STE 112 46601
SECRETARY OF
018-8139- HOUSING AND SOUTH BEND IN 1005 VIRGINIA AVE
5033 URBAN DEV 3427 MAIN 46614 STE 300 ATLANTA GA 30354
SOUTH BEND
018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN
5740 CORPORATION 3420 MICHIGAN 46614 ST 46614
DISTRICT
018-7163- WESLEYAN 3614 S. SOUTH BEND IN 3702 S MICHIGAN SOUTH BEND IN
5750 CHURCH MICHIGAN ST. 46614 ST 46614
018-7163- PARMLEE CRAIG SOUTH BEND IN 3606 S MICHIGAN 50UTH BEND IN
5748 D 3606 MICHIGAN 46614 ST 46614
018-8019- CALVARY 3717 MICHIGAN SOUTH BEND IN 3717 S MICHIGAN SOUTH BEND IN
079902 TEMPLE ST 46614 ST 46614
018-7163- CITY OF SOUTH VAC LOT 10 SOUTH BEND IN
5741 BEND CHIPPEWA HTS 46614 0
018-8017- 3313 S SOUTH BEND IN
0761 PERKINS MARK T MICHIGAN ST 46614 PO BOX 122 LAKEVILLE IN 46536
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018-8017- CAROL UND 1/2 SOUTH BEND IN 6121 LNASDOWN SOUTH BEND IN
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018-7163- ROBERT B & SOUTH BEND IN SOUTH BEND IN
5742 ALLEEN R 3502 MICHIGAN 46601 3502 SMICHIGAN 46614
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018-8139- JR & KEITH SOUTH BEND IN SOUTH BEND IN
5035 KAREN L 3435 MAIN 46614 3435 S MAIN ST 46614
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018-8019- TEMPLE CHURCH 3507 S SOUTH BEND IN SOUTH BEND IN
0824 INC MICHIGAN ST 46614 3717 S MICHIGAN 46601
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018-8139- CLARENCE J AND SOUTH BEND IN 4282 U.S.HWY 89 LIVINGSTON MT
5034 KATHERINE 3431 MAIN 46614 SO # 22 59047
018-8139- HOLMES HARVEY SOUTH BEND IN SOUTH BEND IN
5028 J JR & LINDA L 3405 MAIN 46614 3405 S MAIN ST 46614
018-8017- ESTATE GROUP SOUTH BEND IN MISHAWAKA IN
0783 LLC 3306 S. MAIN ST 46614 PO BOX 232 46546
FRIEND EDWARD
018-8017- I. AND MARY 3305 S SOUTH BEND IN 3305 S MICHIGAN SOUTH BEND IN
0759 JANE MICHIGAN ST 46614 ST 46614
018-7163- DEKA PATRICK J VAC LOT 5 SOUTH BEND IN 3404 S MICHIGAN SOUTH BEND IN
5736 & TINA M CHIPPEWA HTS 46614 ST 46614
018-8019- SOUTH BEND IN 1225 S 26TH SOUTH BEND IN
0817 HUGHES SCOTT 3407 MICHIGAN 46614 STREET 46615
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018-7163- CHRISTINA & SOUTH BEND IN 3602 S MICHIGAN SOUTH BEND IN
5747 TRENT W 3602 MICHIGAN 46614 ST 46614
PARKER GERRI L
018-7163- DAVIS- TRUSTEE SOUTH BEND IN 59725 GOLDFINCH SOUTH BEND IN
5746 OF THE PA 3518 MICHIGAN 46614 CT 46614
018-8019- MITTLER SUPPLY SOUTH BEND IN SOUTH BEND IN
079701 INC. 3607 S MAIN ST 46614 PO BOX 1676 46634
CALVARY
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018-8019- BEND GOSPEL PAVED LOT ON SOUTH BEND IN SOUTH BEND IN
079708 TABERNA S MAIN 46614 3717 S MICHIGAN 46614
018-8019- COBB 3533 S 3525 S MICHIGAN SOUTH BEND IN
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018-7163- DAVIS- TRUSTEE LOT 14 SOUTH BEND IN 59725 GOLDFINCH SOUTH BEND IN
5745 OF THE PA CHIPPEWA HTS 46614 CT 46614
018-8139- SOUTH BEND IN SOUTH BEND IN
5032 SMITH GLORIA 3423 MAIN 46614 3423 S MAIN ST 46614
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018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN
5739 CORPORATION 3416 MICHIGAN 46614 ST 46614
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018-8019- BEND GOSPEL MAINS 292.18 3717 S MICHIGAN SOUTH BEND IN
079604 TABLERN LOT 1 ST 46614
018-8139- MONIQUE INC SOUTH BEND IN SOUTH BEND IN
5031 SEE NOTES 3419 MAIN 46614 1153 FOX ST 46613
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018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN
5738 CORPORATION 3412 MICHIGAN 46614 ST 46614
018-8139- SOUTH BEND IN 3903 SOUTH BEND IN
5030 DILLEY ROBERT 3415 MAIN 46614 MONTGOLFIER PL 46614
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018-8019- BEND GOSPEL SOUTH BEND IN 3717 S MICHIGAN SOUTH BEND IN
0820 TABERNA 3423 MICHIGAN 46614 ST 46614
CALVARY
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018-8019- BEND GOSEPL MAIN 80.69 MID 3717 S MICHIGAN SOUTH BEND IN
079605 TABLERN PRT LOT 1 ST 46614
018-7163- SOUTH BEND IN 3410 S MICHIGAN SOUTH BEND IN
5737 HITE JUDITH D 3410 MICHIGAN 46614 ST 46614
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018-8139- THOMAS D. AND SOUTH BEND IN SOUTH BEND IN
5029 CAROLYN A. 3409 MAIN 46614 3409 S. MAIN ST. 46614
018-8019- 3401 BLOCK SOUTH BEND IN SOUTH BEND IN
0816 WINKEL MARK R MICHIGAN ST 46614 1124 RYER ST 46628
018-8139- SOUTH BEND IN SOUTH BEND IN
5027 HAWKS DAWN M 3401 MAIN 46614 3401 S MAIN ST 46614
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018-8019- BEND GOSPEL MICHIGAN EX S 3717 S MICHIGAN SOUTH BEND IN
079603 TABERNA 372.87LT 1 ST 46614
018-8019- 3401 1/2 S SOUTH BEND IN SOUTH BEND IN
0815 WINKEL MARK R MICHIGAN ST 46614 1124 RYER ST 46628
018-7163- DEKA PATRICK J SOUTH BEND IN 3404 S MICHIGAN SOUTH BEND IN
5735 & TINA M 3404 MICHIGAN 46614 ST 46614
079607 SHAPER PAUL W G PO BOX 50 46391
018-8018- SOUTH BEND IN SOUTH BEND IN
079408 SMITH BONNIE L 3325 S. MAIN 46614 3325 S MAIN ST 46614
018-8017- SOUTH BEND IN SOUTH BEND IN
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0763 ELIZAB 3317 MICHIGAN 46614 ST 46614
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018-8018- & LINDA HEELER SOUTH BEND IN SOUTH BEND IN
079407 MISC 3321 S. MAIN ST 46614 3321 S MAIN ST 46614
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018-7163- LILLIAN & DANIEL 3326 S. SOUTH BEND IN 3326 S MICHIGAN SOUTH BEND IN
5733 L MICHIGAN 46614 ST 46614
018-8017- ERVIN GERALD R SOUTH BEND IN 6132 OLD ENGLISH SOUTH BEND IN
0786 & EDITH 3322 S. MAIN ST 46614 CT 46614
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CHRISTOPHER M
018-8017- & SALMAN 3317 S SOUTH BEND IN 3317 S MICHIGAN SOUTH BEND IN
0762 ELIZAB MICHIGAN ST 46614 ST 46614
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018-7163- LILLIAN & DANIEL SOUTH BEND IN 3322 S MICHIGAN SOUTH BEND IN
5732 L 3322 MICHIGAN 46614 ST 46614
018-8018- ZUNIGA LUIS G SOUTH BEND IN SOUTH BEND IN
079406 JR & ALICIA 3317 S. MAIN ST 46614 3317 S MAIN ST 46614
018-8017- SIMPSON SOUTH BEND IN SOUTH BEND IN
0785 DONALD R 3318 S. MAIN ST 46614 3318 S MAIN ST 46614
018-8018- MILEWSKI SOUTH BEND IN
079404 ROBERT & SALLY 3309 S. MAIN ST 46614 53273 SPRING CT GRANGER IN 46530
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018-8017- LESLIE H AND 3309 S SOUTH BEND IN 3309 S MICHIGAN SOUTH BEND IN
0760 DOROTHY E MICHIGAN ST 46614 ST 46614
018-8017- WERNTZ JOHN A SOUTH BEND IN SOUTH BEND IN
0784 & CAROLE S 3310 S. MAIN ST 46614 3310 MAIN ST 46614
018-8018- PRITCHARD JACK SOUTH BEND IN SOUTH BEND IN
079403 D JR & ANGELA 3305 S. MAIN ST 46614 3305 S MAIN ST 46614
018-8018- LAFAYETTE-LOT SOUTH BEND IN WESTVILLE IN
079504 SHAPER PAUL W J & K WALZ 46614 PO BOX 50 46391
018-8017- SHEETS MICHAEL SOUTH BEND IN SOUTH BEND IN
0782 F AND HELEN 3302 S. MAIN ST 46614 3302 S MAIN ST 46614
018-8017- ADKINS RONALD 3301 S SOUTH BEND IN 3301 S MICHIGAN SOUTH BEND IN
0758 K MICHIGAN ST 46614 ST 46614
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
July 2, 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
Charter School Development Corp.
ABZA 7/1/09
Dear Council Members:
The above referenced petition of Charter School Development Corp. was legally advertised on June 14,
2009. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2009, at which time the
following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hickey and unanimously carried,
the petition for Special Exception to allow apre-school in a "SF2" District, on property located at
3423 S. Michigan Street, is sent to the City of South Bend Common Council with a Favorable
Recommendation.
The deliberations of the Area 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.
Sincerel
i~~
Charles C. Bulot
Building Commissioner
CCB/cah
CHARTER SCHOOL DEVELOPMENT
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
I . 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 al] 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 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 PLtIN 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:
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 Counci] with a: FAVORABLE RECOMMENDATION
ADOPTED this 1st Day of July, 2009
YES NO
® MICHAEL URBANSKI
® RANDALL MATTHYS
® JACK YOUNG
® JACK HICKEY
® GERALD PHIPPS
® ROBERT HAWLEY
® JOE VELLEMAN