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HomeMy WebLinkAboutSpecial Exception - 1832 Campeau St. South Bend, IN 46617RES®LUTION 4063-10 Passed by the Common Council of the City of South Bend, Indiana October 25, 20 10 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 26, 20 10 Approved and signed by me October 26, 20 10 City Clerk RESOLUTION NO. `~ ~ ~°3 ~ (a A RESOLUTION OF THE-C-OMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A~ETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1832 CAMPEAU ST, SOUTH BEND, IN 46617 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: 1832 CAMPEAU ST., SOUTH BEND IN 46617 in order to permit A special exception use to allow an accessory 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 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 ommon Council s ,z..a~ ~'aT fPPaOVEt? aUOPzr~ ~~~-Z~~l~ Find B ~tgl',t's p~~c® SEp 1 4 2010 JOt1N VgOfi® tit? lN. CITY CtE111C, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-55 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 1832 CAMPEAU ST., SOUTH BEND, INDIANA 46617 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended with written commitments. Ann Puzzello Chairperson, Committee of the Whole PETITION to ALLOW an ACCESSORY DWELLING Monday, September 13, 2010 Area Board of Zoning Appeals St. Joseph County/South Bend Building Department 125 S. Lafayette Blvd, Suite 100 South Bend, IN 46601 RE: Joseph R Crimmins and Kathleen C Crimmins, owners 1832 Campeau St, South Bend, IN 46617 Township: Portage Zoning: SF1 Short Legal: Lot 328 of Coquillard Woods addition section C of South Bend Seeking a variance from the maximum allowable 13' height to 21'10" for an accessory building and from the required 6' side yard setback to 3' and I am writing to request special exception use for the construction of a garage/accessory dwelling building located at 1832 Campeau St, South Bend, IN 46617. This structure's primary use is a two car garage with a second level space that may be used as a loft living space with a bath a small kitchen/laundry area. We have a son who is 10 years old who was born with Down Syndrome. He is fairly high functioning except he is has not developed verbal language yet. Our goal is to have a place he can call his own place should that be possible down the road. We also both come from large families (each coming from a family with seven children) They live as far out as Seattle and Spokane WA, Portland OR, Nashville TN, Cincinnati OH and would like to be able to welcome them to our home during visits with a private place to stay should they desire. VJe also recently added on and renovated the prima~-}~ home structure to accommodate our 87 year old father to live with us as well. This home was highlighted in the Saturday, April 24, 2010 South Bend Tribune Home section by staff writer Becky Emmons. As such we feel the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. As you can see from the architect's project plans we have built a quality addition, incorporated many `green' technologies and systems to be a better neighbor to our environment as well. We've spent considerable time and research effort and money by hiring an architect who is sensitive to the existing house's architecture and neighborhood character as-well as our own special family needs now (universal access) and in the future. Thus we feel the proposed use will not injure or adversely affect the use of adjacent area or property values therein. In fact it should enhance them and is consistent with the existing streetscape and architectural character of the existing house and neighborhood. Thus it should be compatible with the recommendations of the City of South Bend Comprehensive Plan. I respectfully ask the Area Board of Zoning Appeals to approve this special use as an accessory building. Regards, ~~,Li? G` Joseph R Crimmins 1832 Campeau St South Bend, In 46617 574.287.1832 (home) ZL`~' 3 (~S y CRIMMINS RESIDENCE Addition & Renovation Joe & Kathy Crimmins 1832 Campeau Street South Bend, Indiana Final As-Built Drawings 27 February 2009 Alex Regnery • Architect 1840 Kessler Blvd. South Bend, IN 46616 t: (574)532.8718 noomon nRFAS: FIRST FLOOR • 770 SO FT SECOND FLOOR-57<SO FT Site Plan tpa. ra o~E ~~ ~s~ ~~ G~ ¢P AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October 6, 2010 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Joseph R. & Kathleen Crimmins ABZA 10/6/10 Dear Council Members: The above referenced petition of Joseph R. & Kathleen Crimmins was legally advertised on September 19, 2010. The Area Board of Zoning Appeals gave it a public hearing on October 6, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception to allow an accessory dwelling in a "SF1", on property located at 1832 Campeau Street, is sent to the Common Council with a Favorable Recommendation subject to the accessory structure to be part of the primary in terms of number of people allowed for occupancy in a "SF1" District. 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 , GK~ Mark A. Lyon Assistant Zoning Administrator MAL/cah n ,. Area Board of Zoning Appeals -October 6, 2010 JOSEPH R. & KATHLEEN C. CRIMMINS The petition of Joseph R. & Kathleen C. Crimmins seeking a Special Exception to allow an accessory dwelling and from the maximum allowable 17' height to 21' 10" for an accessory building and from the required 6' side yard setback to 3', on property located at 1832 Campeau Street, Portage Township. Zoned "SF1". MR. CRIMMINS PASSED OUT PAPERWORK TO THE BOARD AT THIS TIME MR. JOSEPH CRIMMINS: I am the owner and live at 1832 Campeau Street and we moved into this property in the summer of '08 with the intent of adding on and bringing my father into the house. My 87 year old father has been and I also have a special needs child. The staff I know recommend an unfavorable recommendation to the City Council and I'm asking for the opposite. You are aware of course that the neighborhood is conducive to student rentals primarily due to the proximity to the university and all the other universities in town but as clearly stated and the staff has acknowledged that they understand that our intent here is really for our son Nicholas when he becomes a little bit older so that he has a place to be somewhat independent yet under watchful eyes of us. So that's our intent. Seeing that the Board has approved other structures similar most notably John and Katie Anthony's which you will see further back in the papers that I just handed out today on Country Club Lane. And if you golf at Morris Park you'll probably see their house and they built that structure, I don't know exactly but within the last two years and it was there about the same time we moved in. Of course Mr. Peacock has something similar on Colfax. Dr. Harris has a structure on 1324 E. Wayne Street South, if you look farther back in the pictures you'll see a garage that appears to have a living area above. MR. HAWLEY: That's Devon Circle. You said Wayne Street South. MR. CRIMMINS: Wayne Street is some additional pictures. And then of course Frank Perry property on Coquillard. So I looking at it from a precedence and the standpoint that we're looking at this long term. We don't have any immediate plans (COULD NOT UNDERSTAND WHAT HE SAID) but we had to build a garage as part the construction project of the addition so or replace the garage because the garage was termite invested and we had to move it back anyways. With regard to it not being consistent with the neighborhood, I don't know that I agree with that because we hired an architect and an architectural design group and they are doing other work with the City currently with the triangle neighborhood just south of Eddy Commons and some other things. So their thought with regard the design and architecture and streetscape, the building is in keeping with the architecture of the house itself, Cape Cod and I think they did a great job. MR. PHIPPS: Work is started, at least it appears to be, you say you tore down the old garage and you built a new garage? MR. CRIMMINS: Yeah we had to. If you look, I don't know if you have the site plan or not, because of the addition we had to move back the garage. We would have had to replace the garage anyway because the garage was structurally termite invested. MR. PHIPPS: Was that all included in a building permit for the addition and a garage or was there a separate building or did you not get a building permit? MR. CRIMMINS: We got a permit for the entire project from the get go and the site plan. 40 Area Board of Zoning Appeals -October 6, 2010 MR. PHIPPS: And it showed the garage as you're building it with occupancy up above? MR. LYONS: The original made no reference to living space when the permit was issued. MR. URBANSKI: Just quote, unquote, storage? MR. LYONS: I don't believe it listed a use period for it. MR. URBANSKI: But it met the height standards. MR. LYONS: I believe it did. There's no reference to it on it for a residential use as another unit. MR. URBANSKI: Okay but the unit itself, the height, the 17'? MRS. HENRY: When they came in for the building permit they did not indicate that it was going to be that high. MR. URBANSKI: So what they built wasn't what the building permit was? MR. CRIMMINS: There was a change in the plans. MR. URBANSKI: That's a pretty good change, going from 17' to almost 22'. That's 5' taller. MR. CRIMMINS: Well yeah that's kind of midway. MR. PHIPPS: But Mr. Lyons is right the plans that you submitted for the building permit did not indicate that your intention was that the upper floor of that would be occupied and it also did not indicate the height that you're building now or built? MR. CRIMMINS: We did not indicate either. MR. URBANSKI: And did your architect realize that there's a 17' height requirement, maximum. MR. CRIMMINS: I can't speak for him. MS. NAYDER: I guess I would just like to comment on what was passed around. I guess without having previous knowledge of those I can't verify those that what those other properties are zoned. Some looked like they were on Colfax maybe more towards the downtown area which may be zoned Mixed Use or something of that nature... MR. CRIMMINS: These are all in the Sunnymede area within blocks of our house. The house on Country Club Lane is, our house is off Rockne, it's three blocks over. MR. URBANSKI: But sir the ones that you produced to us, gave us pictures of I don't think looks like anything what your building looks like. They blend in. This is definitely living space up above the garage. IN FAVOR 41 'Area Board of Zoning Appeals -October 6, 2010 MS. MICHELLE WILSON: I live at 1718 Bader Ave. which is about two blocks away from where the Crimmins live. I've been residing at that address for over 30 years. I'm a block captain for my neighborhood. I know everybody who lives in my neighborhood. Not only know their names, I know their pets names so I would just like to say that at this time that everybody that I've spoken to about the Crimmins addition have approved it whole heartily. We have a neighborhood that really, it` s a very mixed neighborhood but we are one community. We all are looking out for one another. Really and anyone who makes improvements to the homes in our neighborhood we are so grateful and so thankful that they are investing on the northeast side. I mean seriously when we have our windows open, sometimes in the summer you can hear gunfire and the fact that someone wants to make an investment in our neighborhood and wants to make improvements to homes in our neighborhood knowing that, you all know, I know you all are living in our community, you know what's going on like at Club 23. You heard about the holdups on Twyckenham. People who are even just walking home late at night on Twyckenham get held up. We all are looking out for one another and the fact that Joe and Kathy want to take care of their father, a member of the greatest generation, that they want to take care of their son so that he doesn't have to be put in group home or institutionalized, this is why they're making this improvement to their home so that when he gets older and granted he's still young, there's that option for them. They want to take care of their family and isn't that what we are all here, you know, really as a community to help and support one another. So I just, that's my feeling on it and I just wanted to express my feeling and most of my neighbors feel the same way as I do. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception the City Council with a Favorable Recommendation with the condition that the two units would be considered as a single unit for purposes of allowable occupancy was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion for approval of the variances subject to the Special Exception being approved was made by Mr. Phipps and seconded by Mr. Matthys. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for Special Exception with conditions was sent to the City Council with a Favorable Recommendation and the petition for variances granted subject to the Special Exception being approved by the City Council. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with conditions with a Favorable Recommendation and the petition for variances granted subject to the Special Exception being approved by the Common Council and will issue written Finding of Facts. SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION WITH CONDITIONS PETTION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL 42