HomeMy WebLinkAbout18-03 Special Exception for Property 915 27th Street Bianca Tirado
From: Angela Smith <ASmith @sjcindiana.com>
Sent: Tuesday, February 06, 2018 12:21 PM
To: Bianca Tirado
Cc: Kareemah Fowler; Bob Palmer
Subject: Special Exception Use
Attachments: 915 27th ordinance.docx; 2602 mishawka ordinance.docx
Attached are 2 Resolutions for Special Exception Uses. Please place them on your agenda for first reading at your
February 12, 2018 Common Council Meeting. They will be heard by the ABZA at the February 14th meeting (1:30 in
Council Chambers),with recommendation being forwarded on April 15th.The petitions should be ready for public
hearing at your February 26th Council meeting.
Please let me know if you have any questions or if you need paper copies.
n Swa4, Deputy Director
Area Plan Commision of St. Joseph County
(574)235-9571
Filed in Clerk's Office
FEB 0 6 2018
_n
KAREEARAi- FOWLER
L CLERK,SOUTH BEND,IN
1
Filed in Clerk's Office
BILL NO. 18-03 FEB 0 6 2016
RESOLUTION NO. KAREEhIIAt IOiNLER
CITY CLERK,SOUTH BEND,IN
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
91527 TH STREET
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 property located at:
91527 TH STREET
In order to permit a Child Caring Institution in the OB Office Buffer 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:
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 of
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.
Tim Scott, Council President
South Bend Common Council
AREA BOARD OF ZONING APPEALS
1140 County-City Building
227 W.Jefferson Boulevard
South Bend.IN 46601
www.sjcindiana.com
Phone-574-235-9571-Fax-574-235-9813
Friday. February 16. 2018
The Honorable Common Council
4th Floor County City Building
South Bend, IN 46601
RE: The petition of Rite of Passage seeking a Special Use for a Child Caring Institution in the OB Office Buffer
District for property located at 915 27TH, City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of Rite of Passage was legally advertised on February 1,2018
and that the Area Board of Zoning Appeals at its public hearing on February 14,2018 took the following action:
Upon a motion by John Leszcynkski,being seconded by Jack Young and carried, a petition by Rite of
Passage seeking a Special Use for a Child Caring Institution for property located at 915 27TH,City
of South Bend,was sent to the Council with a favorable recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are
shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this
report.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: Rite of Passage
Dr. William Bruinsma, Regional Director
Brendan Crumlish
PETITION FOR VARIANCE Md-1Qr.5P&QAL F%CEPTION 115E
PROPERTY INFORMATION:
The property Tax Kcy Number(s)is/are: Tax ID# 018-6038-1199
Parcel #71-0917-126-015.000-026
The property address:
915 S. 27th
South Bend, IN 46615
If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the
total site area:
Lot 155 & Lot 154 Ex W 70' of N 40' of River Park. Also Lot 3 Ex W 20' Muia's Replat
VARIANCE INFORMATION:
I} V1 From required 14 parking spaces to 12.
V2 From required 15' side building setback to 4'-0" .
V3 From required rear and side parking setback of 15' to 0' on west
side and south side.
V4 From maximum gross floor area of 5,000 SF to 9,550 SF.
V5 From required perimeter landscaping to none.
V6 From required Parking screening to none.
V7 From required 25' front building setback to 20'-0".
V9 From required vehicle maneuvering space of 24'-0" along alley to
zero.
2)A statement on how each of the following standards for the granting of variances is met:
iii) The approval will not be injurious to the public health,safety,morels and general welfare of the community:
because the child care institution is a very similar operation to the
previous nursing home at this address.
Ili) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
adverse manner•,and: virtually no changes shall occur to the exterior of the
existing building,
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property:
by not allowing the owners the most applicable use of their property,
SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next.
section):
1) The Special Exception Use(s)being requested: To allow a Child Care institution in an 'Office
Buffer' district.
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: because the proposed residential use for children is ve
ry similar to the previous nursing home operation at this address.
(b) The proposed rrse will not injure or adversely affect the lase of the adjacent area or property values therein: becau s
e the Owner intends to maintain the existing 40-year old building in the same
or better condition than previously. The new residents will have jobs and
schooling in the community, but will use public transportation, only, and
will not create any more vehicular traffic than the previous nursing home.
(c) The proposed use will be consistent with the character of the dlslricl in which it is located and the land uses
authorized therein,and: The proposed uses (combined offices and residential) will be
consistent with the character of the district in which it is located and the
land uses authorized for office Buffer districts, including facilities that
naturally transition from office-to-residential, such as the previous nursing
home, and now the proposed new child care institution.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.
because it involves the adaptive reuse of an existing structure.
• In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site
Plan included with this petition.
PETITIONER INFORMATION!
Name and address of property owner(s)of the petition site:
Rite of Passage
Rusty Alexander, Business Managing Director (Property owner)
2560 Business Parkway, Suite A
Minden, NV 89423
775-392-2639
rusty.alexander @rop.com
Name and address of additional property owners,if applicable:
Name and address of petitionet(s),if different than the petitioner):
Rite of Passage
Dr. William Bruinsma, Regional Director (Petitioner i Presenter)
2560 Business Parkway, Suite A
Minden, NV 89423
175-392-2639
william.bruinama @rop.com
Name and address of additional property owners,if applicable:
CONTACT PERSON:
Brendan Crumlish (Preparer)
Crumlish & Crumlish Architects, Inc.
3215-B Sugar Maple Ct.
South Bend, IN 46628
574-282-2998
crumlisharchitects @gmail.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL
ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION
BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL
QUESTIONS THEREON.
Signature(s)of all property owner(s):
e her
{
January 17,2018
St.Joseph County Area Plan Commission
Angela Smith,Deputy Zoning Director
227 W.Jefferson Blvd.
4w Floor City County Building
South Bend,IN 46601
Dear Mrs.Smith:
hereby grant authorization for Rusty Alexander and William Bruinsma to act as representatives for Rite of Passage,Inc.in
Its Petition for Variance and Special Exception Use with the South Bend Area Plan Commission for our proposed project
located at 915 S.27th Street,South Bend,IN 46615, These individuals may both sign documents related to the Petition and
act as representatives at formal hearings,
Please let me know if you have any questions or would like to discuss this matter further.
E
Rite of Passage,Inc.looks forward to helping meet the needs of Indiana's youth.
Sincerely,
Ski es B man
sident a 0
RITE OF PASSAGE
"Celebrating Thirty Years of Improving the Lives of Youth"
2560 Busmus PARKWAY,Surm A • Mw D N • NV •89423 •775.367-9411 • FAx 775.267.9420 •INFO LaRtTEOFPASSAGE.COht
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