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Home My WebLink About18-15 Special Exception for Property 122 Milton Street LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 April 4, 2018 Honorable County Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 APR 0 4 2018 RE: 122 Milton Street—Special Exception Use KAREENiAHFOWLER CITY CLERK,SOUTH BEND,IN Dear Council Members: Enclosed in an Ordinance for the proposed Special Exception Use at the above referenced location.Please include the attached Resolution on the Council agenda for first reading at your April 9th, 2018 Council meeting, and set it for public hearing at your April 23`d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 11th, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N BILL NO. 18-15 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 122 MILTON 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: 122 MILTON STREET In order to permit insert a Two Family Dwelling. 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 or Common Council, 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 7tAPR 's Office 2010 NOT APPR OA6 I(AREEMAH FOWLER CITY CLERK,SOUTH REND,IN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s)is/are: 018-7034-1333 ! The property address: MAR fl 6 ZU 1 122 Milton St,South Bend,IN 46613 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: n/a VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g.from the required[enter requirement]to[enter request going to])Additional examples can be found on our website.Please comet the Staff if you need assistance. 1)1 Variance consisting ofminimu►n 4 required offstreet parking spaces to 1 2)A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: The property contains a one car garage along with a driveway far an extra vehicle. There is also two undelveloped lots directly across the street. (b) 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: [After the rehab of the existing structure into a well kept property,the property value will go up for this home and others in the area. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This Property will not cause a parking problem on the street due empty lots across the street and ample distance between houses. Parking is consistently available on this street. 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: I would like to convert the house back into a two family dwelling. 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: This property will beautify and thus improve the community with a well maintained house replacing the current dilapidated property (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The current structure is dilapidated. The rehab will increase property values on the street. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: There is a variety of housing types in the area and this was previously a duplex. The[louse has two kitche 1 have extensive rehab experience in the neighborhood so the property will be up the area standards (d) The proposed use is compatible with the recommendations of the City of Sot th B(F4 GeJThq ftj*S Office Plan. The city would like to rehab the many dilapidated houses in this neighi orhoo —•---I APR 0 4 2018 KAREEMAH P)WLER CITY CLERK,SOUTH BEND IN PETITIONER INFORMATION: — Name and address of property owner(s)of the petition site: `{ Brian Honvitz/BH Investments 2269 Chestnut St#280 MAR 0 6 2018 San Francisco, CA 94123 949-910-8691 I° ticketshop @gmail.com Name and address of additional property owners,if applicable: Name and address of petitioner(s),if different than the petitioner): Name and address of additional property owners,if applicable: CONTACT PERSON: Cindy 11endrick 1921 SLafayetle St South Bend,IN 46613 949-910-8691 ticketshop @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 RELATED TO THIS PETITION. Signature(s)of all property owner(s): Filed in Clerk's Office APR 04 2018 KAREENIAH wC3WLER CITY CLERK,SOUTH BEND,IN 1t a _ } - r µ rl • :a •,i `fir°-� .- �tj"r r. It r r .d a a tr.yy.�. If■`• ^ _ __ _ _. i�.�p�`� _ 'i � 1'b'�.'rl - ry'•�`�til�l7efy ° '" ! •...Q F� 'Y�?'�+,1 �r�e',;�j^�i -.-air ' q ITOfinf f#23 1y �..: r•,,• �I R,�- +f. ',1 '}.'/'�t Il;a«t. ,� +'� . i �J� ii��-*•its.�i'�r-r `�.•i�•. ; ? �' "� ''f �� J r. �� ..•i--gyp. t j ! a ��- r 1 f` r _ ••T 7 _ - KO >fK '• • 4 j� 11 Mf 1 r� — 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 Thursday, April 12, 2018 Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the SF2 Single Family&Two Family District for property located at 122 MILTON ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally advertised on March 29, 2018 and that the Area Board of Zoning Appeals at its public hearing on April 11, 2018 took the following action: Upon a motion by Michael Urbanski,being seconded by Kathy Schuth and unanimously carried,a petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property located at 122 MILTON ST,City of South Bend, was sent to the Council with no recommendation, and will issue written Findings of Fact. 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,Executive Director Attachment CC: BH INVESTMENTS LLC Cindy Hendrick LAWRENCE P. MAGLIOZZI F X[�UTI VF. UI RF.CT OR Angela M. Smith Drputy 1)i rr,t or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. II,FFI,RSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +66111 (i 7 4 1 23i-9071 The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on APRIL 11, 2018. Special Exception/Special Use A special exception use/special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 Comprehensive Plan Petition of BH Investments LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use is residential. I 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 of the residential nature of the proposed two-family dwelling, it would not affect the use or value of 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. The proposed two-family dwelling is consistent with the character of the area and the SF2 Single Family&Two Family District. This area is in a medium density residential area with close proximity to a major commercial corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the City Plan, South Bend Comprehensive Plan (November 2006): Objective Hl: Ensure that an adequate supply of housing is available to meet the needs, preference, and financial capability of households now and in the future. SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H CO U N T T IN D$A N A-C O H I A N E A P L A N