HomeMy WebLinkAbout17-48 Special Exception 1206 Dunham AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235-9554
FAX: (574)235-5541
September 7, 2017
The Honorable Common Council South Bend Filed in Clerk's Office
Of the City of South Bend
4th Floor, County-City Building SEP 0 7 2017
South Bend, Indiana 46601
KAREEMAH FOWLER
RE: Petition for Special Exception CIT`!CLERK,SOUTH BEND,IN
Roel Alvarez
09/06/17
Dear Council Members:
The above referenced petition of Roel Alvarez was legally advertised on August 19, 2017. The Area Board of
Zoning Appeals gave it a public hearing on September 6, 2017, at which time the followingaction wastaken:
Upon a motion by Ms. Schuth, being seconded by Mr. Urbanski and by a unanimous vote,the petition
for Special Exception to allow a duplex in a"SF2" District, located at 1206 Dunham Street, Portage
Township,zoned "SF2" 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, C.B.O. Building
Commissioner
CCB/cah
Filed in Clerk's Office
PETITION
SPECIAL EXCEPTION PURSUANT 21-09.3(D) SEP 0 7 2017
AREA BOARD OF ZONING APPEALS
Alvarez KAREEMAH FOWLER
CITY CLERK,SO";`
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:
Allowing a duplex on the site will not impact the general welfare of the neighborhood. The proposed
reduction in parking spaces will be sufficient to serve the site and should not affect the public health and safety
of adjacent property owners and the traveling public.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
The duplex will continue to be maintained as a residential structure. The adjacent property values should
not be affected.
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:
Allowing this Special Exception Use will not be out of character for the area.The proposed use will have a minimal
impact on the neighborhood.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The Special Exception use is consistent with the comprehensive plan(City Plan,2004). Goal J: Encourage
sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the
community.
CONDITIONS OR REVISIONS:
Click here to enter text.
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
i
ADOPTED this 6th Day of September,2017
i
MOTION SECOND RECUSED ABSENT YES NO
❑ ® ❑ ❑ Z ❑ MICHAEL URBANSKI
❑ ❑ ❑ ❑ Z ❑ RANDALL MATT14YS
® ❑ ❑ ❑ ® ❑ KATHY SCHUTH
❑ ❑ ❑ ® ❑ ❑ JOHN LESZCZYNSKI
❑ ❑ ❑ ❑ N ❑ JACK YOUNG
❑ ❑ ❑ ❑ ® ❑ ROBERT HAWLEY
❑ ❑ ❑ ❑ 0 O BRENDAN CRUMLISH
RESOLUTION NO.
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
1206 DUNHAM ST.
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 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:
1206 DUNHAM ST.
in order to permit
A special Exception to allow a duplex in a "SF2" District
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:
I. 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 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 and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
AUG 14 2017
PMENTEO
KAREEMAH FOWLER
NOT APPRCY0° CITY CLERK,SOUTH BEND,IN