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HomeMy WebLinkAbout17-49 Special Exception 4321 S. Michigan St. 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's Office October 5,2017 s OCT 05 2017 1 The Honorable Common Council South Bend Of the City of South Bend KA-iEi::.i .n;i-i rF 0 NLER 4th Floor, County-City Building CITY CLERK.SOU7,H BEND, 1N South Bend, Indiana 46601 RE: Petition for Special Exception Rodney L. Eckenberger 10/04/17 Dear Council Members: The above referenced petition of Rodney L.Eckenbergerwas legally advertised on September 16, 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. Young, being seconded by Ms. Schuth and by a unanimous vote,the petition for Special Exception to allow a tattoo parlor in a"CB" District, located at 4321 S. Michigan St., Portage Township,zoned"CB" 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 4321 S. Michigan St, South Bend, IN 46614 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: 4321 S. Michigan St, South Bend, IN 46614 in order to permit A tattoo parlor in a "CB" district and variances 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 properly 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 --I AUG PMENTM 14 2017 KAREEMAH FOWLER NOT .APPROVED CITY CLERK SOUTH REND, IN 4 r3C p-, PETITION SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS Eckenberger 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: Due to the commercial nature of neighboring properties,the proposed use should not be injurious to the public health, safety or 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 proposed use should not alter the site's impact on surrounding 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 Special Exception use as a tattoo parlor is consistent with the commercial character of this portion of Michigan Street. 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); Goal LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 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 ADOPTED this 4th Day of October,2017 MOTION SECOND RECUSED ABSENT YES NO ❑ ❑ ❑ ❑ ® O MICHAEL URBANSKI ❑ ❑ ❑ ❑ ® ❑ RANDALL MATTHYS ❑ ® ❑ ❑ IK ❑ KATHY SCHUTH ❑ ❑ ❑ ❑ ® ❑ JOHN LESZCZYNSKI ® O ❑ O ® ❑ JACK YOUNG ❑ O ❑ ❑ ® ❑ ROBERT HAWLEY ❑ 13 ❑ ❑ 9 11 BRENDAN CRUMLISH