HomeMy WebLinkAbout17-51 Special Exception 602 Colfax AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235-9554
FAX: (574)235-5541
FR n Clerk's Office
September 7, 2017
The Honorable Common Council South Bend EP 07 2017
Of the City of South Bend EEMAH FOVVLER
4th Floor, County-City Building RK,SOUTH BEND,IN
South Bend, Indiana 46601
RE: Petition for Special Exception
New Beginnings Properties, LLC
09/06/17
Dear Council Members:
The above referenced petition of New Beginnings,LLC 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 following action
was taken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and by a unanimous vote,the petition
for Special Exception to allow a single family residence in a"MU" District, located at 602 W. Colfax
Ave., 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
PETITION Filed in Clerk's Office
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS SEP 07 2017
New Beginnings Properties, LLC KAREEMAH FOWLER
FINDINGS OF FACT CITY CLERK,SOUTH BEND,IN
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT,
COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE:
This special exception would in no way impede or be an inconvenience to, or affect the public health,
safety, or general welfare of the neighborhood. The structure is suited for residential purposes,though the
proximity of the structure to property lines creates practical difficulties in meeting off-street parking
requirements in accordance with the current parking standards.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
The house was originally designed as a single family residential home. Allowing this single family
residence in an area of residential and mixed uses is fitting and should not adversely affect the adjacent property
values.
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:
This site is in a neighborhood with a variety of residential and mixed-use development. Allowing this Special
Exception Use for will not be out of character for the area.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The proposed use is consistent with City Plan. South Bend Comprehensive Plan(November 2006) Policy H1 .1
Encourage residential developments to contain a mix of housing types,densities,price ranges, and amenities.
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 6th Day of September,2017
MOTION SECOND RECUSED ABSENT YES NO
® Q ❑ ❑ ® ❑ MICHAEL URBANSKI
❑ ❑ ❑ O ® ❑ RANDALL MATTHYS
❑ ❑ ❑ ❑ ® ❑ KATHYSCHUTH
❑ ❑ ❑ ® Q Q JOHN LESZCZYNSKI
❑ ❑ ❑ ❑ ® ❑ JACK YOUNG
❑ ® Q ❑ N ❑ ROBERT HAWLEY
❑ ❑ ❑ ❑ ® ❑ 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
602 W. Colfax Ave. South Bend,Indiana 46601
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:
SEC TION'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:
602 W. Colfax Ave. South Bend, Indiana 46601
in order to permit
a special exception to allow a single family residence in a"mixed use district" and a variance
from the required 1 off street parking space to none.
SECTION II. Following a presentation by the Petitioner,and after proper public hearing, the
Common Council hereby approves the pertition 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;
I 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 W.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,Gouncil and approwd by the Mayor.
Member of the Common Council
Filed in Clerk's Office
AUG 15 2017
PRESENTED KAREEMAH FOWLER
NOT APPROWD CITY CLERK,SOUTH BEND, IN
AAOPM