The URL can be used to link to this page

Home My WebLink About17-50 Special Exception 315 North Main AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235-9554 FAX: (574)235-5541 Filed.in Clerk'F, Olfice October 5, 2017 OCT 05 2017 i The Honorable Common Council South Bend KAREENIAH FOWLER Of the City of South Bend CITY CLERK,SOUTH BEAD, IN 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception The Upper Room Recovery Community Inc. 10/04/17 Dear Council Members: The above referenced petition of The Upper Room Recovery Community Inc.was legally advertised on September 14, 2017. The Area Board of Zoning Appeals gave it a public hearing on October 4, 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 Group Residence in a "CBD" District, located at 315 N. Main St., Portage Township, zoned "CBD" 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. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah 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 315 N I Mai V1 .S "Z 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: 315 North Main Street South Bend IN 46601 in order to permit A Special Exception to operate a "Group Residence" in a CBD zone. SECTION H.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; 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 15 2017 PMENTED KAREEMAH FOWLER NOT AM0,40 CITY CLERK,SOUTH BEND,IN 6,)OPTm AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235-9554 FAX: (574)235-5541 October 5,2017 Filed in Cleric's Ogee The Honorable Common Council South Bend OCT 0 5 2017 Of the City of South Bend 4th Floor, County-City Building K,4 RE EldIAt i i O�/I ER South Bend, Indiana 46601 CITY CLERK,SO!)TH P 4q RE: Petition for Special Exception The Upper Upper Room Recovery Community 10/04/17 Dear Council Members: The above referenced petition of Upper Room Recovery Community Inc.was legally advertised on September 14, 2017. The Area Board of Zoning Appeals gave it a public hearing on October 4, 2017, at which time the following action wastaken: Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and by a unanimous vote,the petition for Special Exception to allow a Group Residence in a"CBD" District, located at 333 S. Main St., Portage Township,zoned "CBD" 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 it Filed in Clerk's Office PETITION SPECIAL EXCEPTION PURSUANT 21-09.3(D) OC 15 2017 AREA BOARD OF ZONING APPEALS KAREEMA11 FOWLER The Upper Room Recovery Community Inc ;, r! FPK. SOUTH BEND,IN 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: The site is within the Central Business District where a wide range of uses are encouraged. This use should not be injurious to the health, safety 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: Adjacent properties are also zoned Central Business District and offer a wide variety of uses compatible with the proposed use. Therefore, property values should not be affected in a negative manner since they will be similar in value and scope. 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: A mix of medium and high density residential projects are in the area,along with commercial and business uses.The mixed-use nature of the project is in character and compatible with the existing and future proposed land uses that would be allowed. 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)Objective H 6: Stimulate housing development in the Central Business District(CBD)and Objective LU 3: Increase the urban density of the Central Business District. 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 4th Day of October,2017 MOTION SECOND RECUSED ABSENT YES NO N ❑ ❑ ❑ N ❑ MICHAEL URBANSKI ❑ ❑ ❑ ❑ N ❑ RANDALL MATTHYS ❑ ❑ ❑ ❑ N ❑ KATHY SCHUTH ❑ ❑ ❑ ❑ N ❑ JOHN LESZCZYNSKI ❑ ❑ ❑ ❑ N ❑ JACK YOUNG ❑ N ❑ ❑ N ❑ ROBERT HAWLEY ❑ ❑ ❑ ❑ N ❑ BRENDAN CRUMLISH i