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HomeMy WebLinkAboutSpecial Exception - 3520 Western AvenueRESOLUTION 3778-07 Passed by the Common Council of the City of South Bend, Indiana August 27, 07 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 28, 20 07 Approved and signed by me A~~gi~st ~g 20~~. City Clerk ~- RESOLUTION NO. ~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 (3520 WESTERN AVENUE, 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: (3520 WESTERN AVENUE, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking usage at 3520 Western Avenue for property located at 3602 Western Avenue, South Bend, Indiana per Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance. 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 and approval by the Mayor. ~ ~ ~~~ Member of the Co n Council ~~FSENTED ~-~?-Q7 NOT APpROyED ADOPTED ~._ Z~ ..d '1 Fri a t ~l~rlc's ~#~~ce ___---- JUN192007 J044t~ VOORt?E CCTY CLEFtt<, 5~J. F?rttD, tK TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-93 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 3520 WESTERN AVENUE, 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 NO. NOTIFIED , 20 FILED , 20 HEARING , 20 APPEAL Applicant's Name: SAMUEL & ARTEMIO DIAZ Phone 246-0399 Address: 3622 DUNHAM STREET, SOUTH BEND, INDIANA 46619 Address of Property: 3520 WESTERN AVENUE, SOUTH BEND, INDIANA 46619 Present Zoning of Property: "LB" LOCAL BUSINESS DISTRICT Owner's Name: SAMUEL & ARTEMIO DIAZ Phone 246-0399 Address: 3622 DUNHAM STREET, SOUTH BEND, INDIANA 46619 Applicant's Attorney: JAMES F. GROVES, 205 WEST JEFFERSON BLVD., SUITE 502, SOUTH BEND, INDIANA 46601 Phone• 232-5923 Applicant's 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 3520 WESTERN AVENUE, SOUTH BEND, INDIANA 46619 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for a twenty-four (24) off-site parking space lot, to be used for a restaurant facility located at 3602 Western Avenue (i.e. the Southwest corner of Western Avenue and Kenmore Street); Property is presently zoned "LB" Local Business District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 3520 Western Avenue, South Bend, Indiana 46619. 2 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 "LB" Local Business District. The Petitioners are also the owners of the building located on the Southwest corner of Western Avenue and Kenmore Street, which is across Kenmore Street from the Petition Site. The Petitioners desire to begin the operation of a restaurant facility in the existing building located on said Southwest corner. The existing building presently takes up a large portion of the property, which leaves very little land available for parking. The Petitioners also acquired the property shown as Parcel "A" on the attached site plan and they would desire to use that property for parking for their restaurant facility. After discussions with the Building Department staff, it was determined that in order to use Parcel "A" for parking for the restaurant facility, a Special exception is required to be approved. In regards to the Special Exception to allow for off-site parking, the Petitioners would state that there is not enough land available on the same property as the restaurant facility, which leaves the only viable alternative to use a parcel of ground which is located as near as possible to the building. As shown, the proposed 24 space parking area will meet the latest City standards for setbacks and will also be landscaped per the City's Zoning requirements. The parking area will be screened from the single-family homes located on the South side of the existing Public Alley by an evergreen screen. Drainage will be handled on-site, per the latest City standards in a retention area. The parking spaces will also be screened by low shrubbery along both Western Avenue and Kenmore Street. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for off-site parking for the restaurant facility, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or 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). The petition site is presently zoned Local Business which allows for a parking lot. This portion of Western Avenue is lined with several types of commercial uses. Because this area contains older buildings that lined the street, little room was left for off-street parking areas. This proposal will allow for off-street parking and at a location that is near to the proposed use. The Petitioners believe that approval of the above Special Exception will not be detrimental to adjacent properties, nor will it adversely affect the surrounding properties. The Petition site was previously used for Commercial purposes and is presently vacant. The Petitioners would ask the Board Members to agree that approval of the above-described Special Exception will not have a detrimental affect 3 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 Special Exception is sought: that the need for the 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 Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. James F. G,fo,~es - Attorney for the Petitioners Property Owners Within 300 Feet Samuel 8~ Artemio Oiaz Samuel & Artemio Diaz Samuel & Artemio Diaz 3622 Dunham 3622 Dunham 3622 Dunham South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 098 4076 2761 Tax Key # 018 4076 2762 Tax Key # 018 4076 2765 Anthony Adamo Anthony Adamo Renew Inc. P.O.Box 611 P,O.Box 611 914 LincolnWay West South Bend, IN. 46624 South Bend, IN. 46624 South Bend, !N. 46616 Tax Key # 018 4076 2767 Tax Key # 018 4076 2769 Tax Key # 018 4076 2775 Charles Wright Renew Inc. Paul Raffoul 1313 Obrien St 914 LincolnWay West 11317 S Lake Dr South Bend, IN. 46628 South Bend, IN. 46616 Granger, IN. 46530 Tax Key # 018 4076 2772 Tax Key # 018 4076 2773 Tax Key # 018 4076 2774 Ricardo Mercado Hector Coria ~ Melody Heintzelman 435 Kenmore St 2101 S Olive St 443 S Kenmore St South Bend, IN. 46619 South Bend, IN. 46628 South Bend, 1N, 46619 Tax Key # 018 4076 2778 Tax Key # 018 4076 2780 Tax Key # 018 4076 2782 William F Waite Barbara & William Waite Milton & Christine Dean 803 Birchwood 803 Birchwood Ave 436 S Kenmore South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4076 2783 Tax Key # 018 4076 2781 Tax Key # 018 4076 2779 Milton & Christine Dean Renew Inc. Renew Inc. 2433 Fredrickson St 914 LincolnWay West 914 LincolnWay West South Bend, IN. 46628 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 4076 2777 Tax Key # 018 4076 2775 Tax Key # 018 4076 2773 Alberto Cuervo Alberto Cuervo Alberto Cuervo 721 S Carlisle 721 S Carlisle 721 S Carlisle South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4070 2567 Tax Key # 018 4070 2568 Tax Key # 018 4070 2569 Dolores M Malone Leopoldo & Effie Gonzales Leroy 8~ Margaret Cobb 413 S Falcon 734 S Lakes St 2143 N Olive South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46628 Tax Key # 018 4070 2576 Tax Key # 018 4070 2579 Tax Key # 018 4070 2585 Juan Garcia Luz Alcantar Gloria Mayberry Welis Fargo Bank 429 S Falcon 433 S Falcon P.O.Box 13909 South Bend, IN. 46619 South Bend, IN. 46619 Durham, NC. 27709 Tax Key # 018 4070 2588 Tax Key # 018 4070 2591 Tax Key # 018 4070 2594 Andrew 8 Anna Reynolds Stephanie Watts Vickie Macon 273 Westwood Dr 1223 Joyce Dr 446 S Falcon South Bend, IN. 46619 South Bend, IN. 46616 South Bend, IN. 46619 Tax Key # 018 4070 2597 Tax Key # 018 4070 2600 Tax Key # 018 4070 2601 Luis Jose Valdez Marie & Aleck Braylock Gaspar Cervantes 442 S.Falcon 438 S Falcon St 434 S Falcon St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, 1N. 46619 Tax Key # 018 4070 2598 Tax Key # 018 4070 2595 Tax Key # 018 4070 2592 Donatd & Narcia Litteral Donald & Narcia Litteral Donald 8~ Narcia Litteral 430 S Falcon 430 S Falcon St 430 Falcon St South Bend, IN. 46619 South Bend, IN. 46619 South Bend,1N. 46619 Tax Key # 018 4070 2589 Tax Key # 018 4070 2586 Tax Key # 018 4070 2583 Uhaul Real Estate Company Uhaul Real Estate Company Uhaul Real Estate Company P.O. Box 29046 P.O. Box 29046 P.O. Box 29046 Phoenix, AZ. 85038 Phoenix, AZ. 85038 Phoenix, AZ. 85038 Tax Key # 018 4070 2577 Tax Key # 018 4070 2570 Tax Key # 018 4070 2571 Uhaul Real Estate Company Uhaul Real Estate Company KC Yoder Investments Inc. P.O.Box 29046 P.O.Box 29046 14336 Park Ridge Dr Phoenix, AZ. 85038 Phoenix, AZ. 85038 Granger, IN. 46530 Tax Key # 018 4070 2572 Tax Key # 018 4070 2573 Tax Key # 018 4070 2578 Ross J Deal Greg 8~ Maria Smith Dwaine L Goshen 203 E Mishawaka Ave 421 Lake 12117 Cave Creek Ct Mishawaka, IN. 46545 South Bend, IN. 46619 Noblesville, IN. 46060 Tax Key # 018 4070 2581 Tax Key # 018 4070 2584 Tax Key # 01$ 4070 2587 Diane Peny Albina Robledo Linda Briones 429 S Lake St 23848 Grant Road 441 S Lake St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4070 2590 Tax Key # 018 4070 2593 Tax Key # 018 4070 2596 Deister LLC Ramona Smedley Elouise Donaldson 2410 N Grape Rd. Suite 100 P.O.Box 382 18035 Heatherfield Dr Mishawaka, 1N. 46545 South Bend, IN. 46624 South Bend, IN. 46637 Tax Key # 018 4078 2851 Tax Key # 018 4078 2848 Tax Key # 018 4078 2842 Kimberly Kuemin William F Waite Salvador Navarrete 8~ Fernando Ruiz 428 S Washington 803 Birchwood 1013 Lawndale South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46628 Tax Key # 018 4078 2839 Tax Key # 018 4078 2836 Tax Key # 018 4078 2833 Ibarra Jesus Diaz Frederick & Genevieve Bucher Rank Properties /Timothy Rankert 416 S Wellington 58067 Vernon Dr 56826 Wild Heather Dr South Bend, IN. 4$619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4078 2830 Tax Key # 018 4078 2827 Tax Key # 018 4078 2822 Rank Properties LLC Tim Rankert Atan 8 Jean Neblung Robert lee Taylor 56826 Wild Heather Dr 3614 Western 55831 Booker Dr South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4078 2823 Tax Key # 018 4078 2824 Tax Key # 018 4078 2850 Richard 8~ Lola Lunford 5043 Linden Ave South Bend, IN. 46619 Tax Key # 018 4078 2847 Richard 8~ Lola Lunford 5043 Linden Ave South Bend, IN. 46619 Tax Key # 018 4078 2841 Casildo & Imelda Dorado 427 S Wellington South Bend, IN. 46619 Tax Key # 018 4078 2838 Michael Magiera 423 S Wellington South Bend, IN. 46619 Tax Key # 018 4078 2835 Devon Hochstetler 1001 27th St.E Bradenton, FL. 34209 Tax Key # 018 4078 2826 Charles Jenkins 725 W Jefferson St South Bend, IN. 46601 Tax Key # 018 4068 250601 Mae Sorrells /Sheila Combs 1615 Kevin Ct South Bend, IN. 46614 Tax Key # 018 4068 2504 Lula Stokes 301 S. Wellington South Bend, IN. 46619 Tax Key # 018 4068 2503 Felecia Trotter 1524 Liston South Bend, IN. 46628 Tax Key # 018 4068 2516 Willie 8~ Nathaniel Jackson 323 S Kenmore South Bend, IN. 46619 Tax Key # 018 4068 2510 J & W Properties LLC 3030 S Michigan South Bend, IN. 46614 Tax Key # 018 4078 2832 Roger Comer /Jacqueline Bank 3706 Westem Ave South Bend, iN. 46619 Tax Key # 018 4078 2821 Chester Wigfall 905 Cleveland Ave South Bene, IN. 46628 Tax Key # 018 4068 2506 David Pruitt 519 S Grant South Bend, IN. 46619 Tax Key # 018 4068 250301 Dorothy Broughton /Ann blamer 314 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 2508 Nader Kanan 3601 Westem Ave South Bend, IN. 46619 Tax Key # 018 4068 2517 Catherine Trotter / Atma Powell 52095 Carriage Hill Dr South Bend, iN. 46635 Tax Key # 018 4068 251001 Devon Hochstetler 421 S Wellington Ave South Bend, IN. 46619 Tax Key # 018 4078 2829 Ben 8~ Carolyn Lax 53540 Pinehurst South Bend, IN. 46637 Tax Key # 018 4068 2515 Lenora Anderson 317 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 2505 David >~ Jonna Wagnerowki P.O.Box 251 South Bend, IN. 46628 Tax Key # 01 8 4068 250302 Tim 8 Michelle Bond 318 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 250801 Nader Kanan 3601 Westem Ave South Bend, tN. 46619 Tax Key # 018 4068 251701 Layman Chapel Christian Methodist Episcopal Church 303 S Kenmore South Bend, IN. 46619 Tax Kav # n1 R 4l1fiR ~.rinA Laymen Chapel Christian Methodist Laymen Chapel Christian Methodist Kamaljit 8 Sukhjinder Episcopal Church Episcopal Church 3417 Westem Ave 303 S Kenmore 303 S Kenmore South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4062 2322 Tax Kav # n1 R 4(!~R 7SnRn~ Tax kPV # n1 R dnEiR 7.ri(lgn1 Linda Riffle /Michelle Riffle Charles Dyson Robert Baskin 1442 Matthews Ln 4614 Meadowlane S 233 S Falcon South Bend, IN. 46614 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4062 2318 Tax Key # 018 4062 2316 Tax Key # 018 4062 2314 Linda Jones Lorene Lee Lorene Lee 2734 Arrowhead 302 S Falcon 302 S Falcon South Bend, IN. 46628 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4062 2312 Tax Key # 018 4062 2310 Tax Key # 018 4062 2306 Dong Vu Edmond Henry Wendell 8~ Kathy Johnson 3581 Western Ave 6451 Erie Falls Dr 305 S Falcon South Bend, IN. 46619 South Bend, IN. 46614 South Bend, IN. 46619 Tax Key # 018 4062 2320 Tax Key # 018 4062 2317 Tax Key # 018 4062 2315 Wendell & Kathy Johnson Wendell 8 Kathy Johnson Wendell i~ Kathy Johnson 305 S Falcon 305 S Falcon 305 S Falcon South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4062 2313 Tax Key # 018 4062 2311 Tax Key # 018 4062 2309 Y C Magee Barbara Dockery Pravinder Singh 3523 Westem Ave 3527 Westem Ave 3529 Westem Ave South Bend, 1N. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4068 251802 Tax Key # 018 4068 251801 Tax Key # 018 4068 2518 Annie J Owens Annie Ownens Christian Methodist Episcopal 322 S Kenmore St 322 S Kenmore St Layman Chapel South Bend, IN. 46619 South Bend, IN. 46619 303 S Kenmore Tax Key # 018 4068 2514 Tax Key # 018 4068 2513 South Bend, IN. 46619 Tax KPV n1R dnRR ~.r,17 Episcopal Church Layman Chapel Episcopal Church Laymen Chapel Christian Methodist Christian Methodist 303 S Kenmore 303 S Kenmore South Bend, IN. 46619 South Bend, IN. 46619 Tax KPV # MR 4f)f,R ~.ri1~n1 Tax KPV !t niR dnRR ~.r,11 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Board will hold a public hearing of Zoning Appeals of the City of South Bend, Indiana, on Thursday, the 19th day of JULY, 2007, at 3:00 p.m. in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Samuel & Artemio Diaz of 3622 Dunham Street, South Bend, Indiana, 46619, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for a twenty-four (24) off-site parking space lot, to be used for a restaurant facility located at 3602 Western Avenue (i.e. the Southwest corner of Western Avenue and Kenmore Street); Property is presently zoned "LB" Local Business District. THIS REAL ESTATE IS CONIlylONLY DESCRIBED AS: 3520 Western Avenue, South Bend, Indiana 46619. Said public hearing will be held as authorized by the applicable Zoning Ordinances and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any persons desiring to oppose or support said petition will be heard at that time. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 a Secretary to the Board (574) 235-9554 NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana 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 19th day of July, 2007, 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 is on file by Samuel & Artemio Diaz of 3622 Dunham Street, South Bend, Indiana, 46619, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for a twenty-four (24) off-site parking space lot, to be used for a restaurant facility located at 3602 Western Avenue (i.e. the Southwest corner of Western Avenue and Kenmore Street); Property is presently zoned "LB" Local Business District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 3520 Western Avenue, South Bend, Indiana 46619, AND IS LEGALLY•DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:LOTS NUMBERED TWENTY-SIX (26), TWENTY-SEVEN (27), TWENTY-EIGHT (28) AND THE WEST HALF OF A 14 FT. WIDE VACATED PUBLIC ALLEY LYING EAST OF AND ADJACENT TO SAID LOT NUMBERED TWENTY-SIX (26) ALL AS SHOWN ON THE PLAT OF "LINCOLN PARK ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT $OOK # 8 ON PAGE # 26 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.43 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Dated this 17TH day of JUNE, 2007. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South Bend Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals 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, the first publication 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 the public hearing.) 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 July 20, 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 7/19/07 The petition of Samuel & Artemio Diaz seeking a Special Exception to allow off site parking, On property located 3520 Western Ave. This property is zoned "LB" Local Business Dear Council Members: The above referenced petition of Samuel & Artemio Diaz was legally advertised on July 6, 2007. The Board of Zoning Appeals gave it a public hearing on July 19, 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 to allow off site parking, on property located at 3520 Western Ave., 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~Orv Building Commissioner DFF/cah ~,je~~ clerk's Office JUL 2 3 200? CITY C1.Ef;K, DIAZ (OFF SITE PARKING) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTI3 BEND, INDIANA FINDINGS OF FACT 1. TI-IE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and rise 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: 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 COMPREHENSIi~E 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: 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 JULY, ?007. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MALTRICE HOBAN ® ELONDA WILDER-HAMILTON Filed 1~ ~:ierk'e Office JUL 2 3 SOU? CITY C EIAK,~SO.BER'p, IN.