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