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HomeMy WebLinkAboutSpecial Exception - 1101 East Jefferson Blvd. also known as 1113 1/2 Jefferson Blvd~~so~u-~soN 3999-09 Passed by the Common Council of the City of South Bend, Indiana November 9, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 10, 20 09 Approved and signed by me November 10, 2009 ~~~~~ City Clerk 20 09 RESOLUTION NO. ~ c( ~~'~ 1 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 EAST JEFFERSON BOULEVARD ALSO KNOWN AS 11131/: JEFFERSON BOULEVARD, 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 determi~ration in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area 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 Area 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: A part of the Northwest Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner of said Northwest Quarter of Section 7; thence South 00°16'45" East along the west line of said quarter, a distance of 129.33 feet to the northeast corner of the Northeast Quarter of Section 12; Township 37 North, Range 2 East; thence South 00°13'54" East along said west line, a distance of 712.78 feet to the point of intersection of said west line with the south right-of--way line of Colfax Street, projected westward; thence North 89°45'53" East along said south line, a distance of 179.25 feet to the point of beginning; thence continuing North 89°45'53" East along said south line, a distance of 199.38 feet to the northwest corner of Lot 10 as shown on the recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 22, Page S-11; thence South 00°20'52" East along the west line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a distance of 893.11 feet to a point on the north right-of--way line of Jefferson Boulevard; thence for the next two course along said north line, the first course being along anon- tangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13'58" and limited in length by a chord which bears South 86°59'05" West, a distance of 216.12 feet; thence South 89°36'59" West, a distance of 104.57 to said north line's intersection with the east right-of--way line (60' east halfright-of--way) of Eddy Street; thence North 00°13'54" West along said east line, a distance of 720.22 feet; thence North 89°46'01" East, a distance of 118.82 feet; thence North 00°05'51" West, a distance of 183.64 feet to the point of beginning containing 6.11 acres more or less in order to permit off site parking for the building on the adjacent lot. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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). 5. The special exception use to allow offsite parking on Lot 2 for the building on Lot 1 is essential to the continued presence of the School and Church on Lot 1 and strict application of the terms of the zoning ordinance and denial of the variance will create an untenable hardship; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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 Common Council ~'~T APPROY,ED -~,~PTEL) s'i~1~~JO~ SEP 1 `~ 2~~19 ~lv4ytiJ VOwPi:c CITY CLE~r,;:, S0. Etd~, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 EAST JEFFERSON BOULEVARD ALSO KNOWN AS 1113 %Z JEFFERSON BOULEVARD, 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 _ LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING -CONSTRUCTION ENGINEERING ~ '~ ~~ 715 SOUTH MICHIGAN STREET. SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 WILLIAM D. LANG, PRES. JOHN 8. FEENEY, L.S. INDOT PREQUALIFIED: TERANCE D. LANG, L.S. SUB-DIVISIONS 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION Area Board of Zoning Appeals 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED Re: Variance Petition - CGC Holdings, LLC (Applicant) First Christian Church of South Bend, In, Inc (Owner) 4100 Edison Lake Parkway 1101 Jefferson Boulevard Mishawaka, Indiana 46545 South Bend, Indiana 46617 574-288-4100 574-289-2417 Good Shepherd Montessori School (Applicant) 1101 East Jefferson Boulevard South Bend, Indiana 46601 574-288-0098 To the Honorable Board, The petitioned parcel is located at 1101 East Jefferson Boulevard, also known as 1113 '/ Jefferson Boulevard in South Bend. This site is currently the First Christian Church at the northeast corner of Jefferson Boulevard and Eddy Street. The site contains the existing church facility, a maintenance garage, along with ample parking. The current zoning is SF1 Single Family Residential and is within Portage Township. First Christian Church has sold the property to Good Shepherd Montessori School (the other current user of the facilities at this location). A condition of this transaction is that a lot was to be created and sold to CGC Holdings, LLC utilizing the Colfax Avenue frontage of this property. When this lot is created, there will be a maintenance building on the newly created lot without a primary structure. Additionally, the new lot will still have all the parking on it that is currently located there. Consequently, because of the creation of the new lot on Colfax Ave. the variances and special exception included with this petition are now necessary. No physical changes to the property are being considered at this time nor is any construction imminent that would require these variances. Therefore the following variances are being requested: For Lot 1 A variance from the required 25' rear yard setback for parking spaces to no rear yard setback. For Lot 2 A Special Exception Use to allow off site parking for the building on the adjacent Lot 1; A variance from the required 25' rear yard setback for parking spaces to no rear yard setback; A variance from the required 20' side yard setback for parking spaces to a 16.4' side yard setback along west line; A variance from the required 20' side yard setback for parking spaces to a 4.6' side yard setback along east line; A variance to allow an accessory building without a primary structure; and A variance from the required 20' side yard setback for an accessory building to 5.2' for the existing garage, Since no physical changes are being made to the existing sites, the proposed Special Exception Use to allow off site parking will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The offsite parking will not injure or adversely affect the use of the adjacent area or property values therein. The special exception use to allow ofFsite parking on Lot 2 for the School and Church building on Lot 1, which is used by Good Shepherd Montessori School and First Christian Church, is essential to the continued presence of the School and Church and, therefore, strict application of the terms of the zoning ordinance and denial of this variance will create an untenable hardship for the School and Church. To continue parking will be consistent with the character of the district in which it is located and the land uses authorized therein; and the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. J. ernard Feeney Lang, Feeney and Associates, In AREA BOARD OF ZONING APPEAL SITE PLAN PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ~r., z I ~ I I I ¢I COTRELL'S ADDITION I o l d a ~ N I "v I 1 I I I lol I z~ I I PT. 19 1 `~I PT. 19 I = I ~ I PT. i 6 ^II II PT. 16 1 o RIGHT-OF-WAY LINE ~_____~ SIN _____J L~__-- WEST LINE OF,SECTION 7. - - I -------"---- --------------j S00'13'S4'E 71271278 o EDDY STREET ASPHALT I ~ CURB I;n ~--^-- - N00'13'54"W=720.22' SIDEWALK - - -- IN I ~ ~ O A LAWN AREA o - - ~~ I I ~ pi ASPHALT N I ~U7 ~ l~n ~ ~ ~p I,n I I ¢ I ~o, s~NP \~~ m ~ N00'05'S1"W Iz ~ > 1 LAWN AREA /~ z s.2' 183,64' I ~; I J m / 16.4' I ~ I O ~ O LAWN AREA / g.3 W m Q~ ~ ~IT OB I ~ i ~ _ L.1 z J ~ ~ A 4~->< ~ A wl ¢ I I BUILDING M I I w x I W \ ~~ -' I L=216.23' ~~ 2 I ~ o' o f II R=1987.73' I zl I ~=06'13'58" BRG=S86'59'05"W PARKING LOT a.s' I IC LEN=216.12' 693.74' 99.37` - N ~~ ~, S00 20'52"E 893. 1' zzssr ~'~a I ~ I ~ I I 15' SOUTH BEND UTILITY I 1 ~ COMPANIES EASEMENT ~,, = 1 SUNNYSIDE SUBDIVISION I PER b0349679 ZI 11 I 110 - I I I I ¢ I I T ___ --~ I 6 8 3 I I 1 1y I I 5 I I SUNNYSIDE MINOR SUB o I BOOK 22, PAGE 5-11 ~I 11 ' im 2 i 4 I I i 10 ~I I I J I ~ CONESTOGA LANE ' NORTHEAST QUARTER, SECTION 12, TWP. 37 S00'16'45"E - NORTH, RANGE 2 EASTO 129.33_0 POC NORTHWEST CORNER, NORTHWEST QUARTER. SECTION 7, TWP. 37 NORTH, RANGE 3 EAST. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October 8, 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 CGC Holdings, LLC, First Christian Church of South Bend, Good Shepherd Montessori School ABZA 10/7/09 Dear Council Members: The above referenced petition of CGC Holdings, LLC, First Christian Church of South Bend and Good Shepherd Montessori School was legally advertised on September 20, 2009. The Area Board of Zoning Appeals gave it a public hearing on October 7, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow off site parking, on property located at 1101 E. Jefferson Blvd. also known as 1113 '/2 E. Jefferson, is sent to the 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 ~~ Charles C. Bulot Building Commissioner CCB/cah CGC HOLDINGS,LLC, FIRST CHRISTIAN CHURCH OF SOUTH BEND, INC. c4c GOOD SHEPHERD MONTESSORI SCHOOL SPECIAL EXCEPTION PURSUANT ? 1-09.3(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 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 COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: PETITION WITHDRAWN 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: ADOPTED this 7th Day of October, 2009 YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ABSENT JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN Area Plan Commission of St. Joseph County 1 i40 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 vvww.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 30, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, October 7, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances• A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical d ff culties in the use of the property Chapter. 3. The petition of Timothy W Gordy and Yvette D Gordy. The Staff recommends denial of the requested variance for an accessory structure without a primary structure. If the lots were combined in a replat, the variance would not be needed. 6. The petition of Mary Jane Herbster and Rodney McBride. The Staff recommends approval of the lot size and frontage variance for Parcel 1. The Staff recommends denial of the frontage variance for Parcel 2. Granting the frontage variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large, appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that Parcel 2 be combined with Lot 1 Buckles Minor in a new 21ot minor subdivision. 8. The petition of Starlight Care Center, LLC. The Staff is not in favor of a one foot setback without a maintenance easement being granted by the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on the neighboring property. 9. The petition of Huffaker Enterprises, Inc and Company G. The Staff recommends approval of the 0 foot setback on the east and south side of the existing building at the corner of Oakside and Main Street. The Staff also recommends approval of the landscaping variances. Since the building is built to the lot line, there is no room for any landscaping on the east and south sides of the building. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana t The Staff recommends denial of the 0 foot setback for the two existing houses. The existing situation, as shown on the site plan, places the houses at 18.2' and 16.8' from the front setback. The Staff recommends that the variances be granted at the existing setbacks of 18.2' and 16.8' respectively. If there is a time when the houses no longer exist, any new buildings would have to be built to the standards of the current zoning code or have new variances approved at that time. Special (Egceptionl Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (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 (St..Ioseph County and City of South Bend) Comprehensive Plan. 10. The petition of Dave Snyder and Dr. James Harris and Dr. Holly Harris. The Staff recommends denial of the Special Exception for a two family dwelling. Any structure designed and built as a duplex is out of character with the neighborhood. The Staff would note that there are other methods to accomplish the petitioner's goal without establishing along-term use that compromises the integrity of the neighborhood. The granting of the proposed Special Exception would appear to be in violation of the above standazds number two and three. 11. The petition of CGC Holdings, LLC, First Christian Church of South Bend, IN, Inc. and Good Shepherd Montessori School. The Staff recommends approval of the Special Exception for off site parking. The property containing the off site pazking is currently part of the overall church property, but will continue to be used for parking for the church building. It is the Staff's understanding that the parking will continue as long as the school is in operation. The standazds for granting a Special Exception appear to be met. 12. The petition of Fulton Land & Building Company. The Staff recommends approval of the Special Exception for exceeding the maximum allowed outside storage azea. The area to be used is surrounded by large industrial uses which will not be affected by the storage azea. The Staff recommends approval of the variances which allow a practical application of the standards. The standards for granting a Special Exception appear to be met. Sincerely, , ~ns~ Nayder y, C'~.~ Planner J CGC HOLDINGS, LLC, FIRST CHRISTIAN CHURCH OF SOUTH BEND, IN INC. AND GOOD SHEPHERD MONTESSORI SCHOOL The petition of CGC Holdings, LLC, First Christian Church of South Bend, IN, Inc., and Good Shepherd Montessori School seeking the following: LOT 1: from the required 25' rear yard setback for parking to 0 ; LOT 2: seeking a Special Exception to allow off site parking; a variance from the required 25' rear yard setback for parking to 0 ;from the required 20' side yard setback to for parking to 16.4' along the west line; from the required 20' side yard setback for parking to 4.6' along the east line; to allow an accessory building without a primary building; and from~the required 20' side yard setback to 5.2' for the existing garage, on property located at 1101 E. Jefferson Blvd., also known as 1113 '/2 E. Jefferson Blvd., Portage Township. Zoned "SF1". MR. BERNARD FEENEY: Lang, Feeney and Associates, 715 S. Michigan Street, South Bend. I'm here this afternoon on behalf of First Christian Church and Good Shepherd Montessori School. The reason for 23 - .~ Area Board of Zoning Appeals -October 7, 2009 this petition is a number of facts that have led to a transfer of title here. The First Christian Church membership for the last several years has experienced dwindling membership while at the same time Good Shepherd Montessori which is also an occupant of the building at Jefferson and Eddy has seen their student body increasing. So as a result of those two circumstances and arrangement was reached wherein Good Shepherd who currently owns the land would sell to, oh excuse me, First Christian who formally owned the property and the buildings, would sell the buildings to Good Shepherd. And then First Christian would then continue to occupy the church portion for their weekly and daily services and Good Shepherd would continue the operation of the Montessori school. Good Shepherd sought and received their financing for the project and as a condition to the financing it was necessary that a lot be created on the Colfax frontage. The lot was to remain unchanged and untouched but still an existing lot. It would still be used for parking. So as a result of all of this the ownerships flips from First Christian to Good Shepherd Montessori school and no physical changes will be experienced on the property whatsoever. The only changes that we are looking at here and the reason that we're here this afternoon is that the lot has been created on Colfax Ave. and the imaginary lot line now goes through the parking lot. And it goes to close to an existing building, a garage, that sits on the property. So the variances that you see for both lot 1 and lot 2 represents primarily variances that would allow those parking spaces to continue exist in that current configuration and location and to allow the garage to continue to exist in it's current location on a new lot apart from the existing lot that First Christian Church and Good Shepherd will be on. Again the uses will remain the same. So services will still be held on Sunday, school will still be held Monday thru Friday and no changes are contemplated in the future or the near future for any of the facilities at Good Shepherd or First Christian. If there's any questions I' d be glad to answer. MR. PHIPPS: Bernie does the church then or and or the school then have some sort of long term agreement with the owners of this new lot to use it as parking lot? MR. FEENEY: Yes, Mr. Phipps there was a lease that was submitted to either Area Plan or to the Board of Zoning Appeals that shows I believe a 50 year lease with a 50 year renewable term for the parking. MR. URBANSKI: Area Plan do you have any other further comments? MS. NAYDER: The situation is existing and this is just by the creating of the new lot line is causing some of these things to be updated. The parking is already there, the garage is already there just as Mr. Feeney said. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. 24 . . Area Board of Zoning Appeals -October 7, 2009 A motion for approval of the variance for lot 1 and for several variances on lot 2 was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for variances was granted and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, f nds these variances granted and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMEMNDATION