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Home My WebLink About18-23 Special Exception: 117 S. William Street Filed in Clerk's Office AREA BOARD OF ZONING APPEALS 1140 County-City Building JUN 0 ILI 2018 227 W.Jefferson Boulevard South Bend,IN 46601 — www.sjcindiana.com KAREEMAH FOWLER Phone-574-235-9571-Fax-574-235-9813 CITY CLERK,SOUTH BEND,IN Thursday, May 10,2018 Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use fora commercial parking lot in the MU Mixed Use District(South Bend)for property located at 117 S WILLIAM ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE was legally advertised on April 26, 2018 and that the Area Board of Zoning Appeals at its public hearing on May 9,2018 took the following action: Upon a motion by Kathy Schuth,being seconded by John Leszczynski and unanimously carried, a petition by MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use for a commercial parking lot for property located at 117 S WILLIAM ST,City of South Bend, was sent to the Council with a favorable 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. Since , k rely P / Lawrence P. Magliozzi,Executive Director Attachment CC: MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE Filed in Clerk's Office JUN 04 2018 BILL NO. 18-23 KAREEMAH FOWLER RESOLUTION NO. 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 117 S WILLIAM 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: 117 S WILLIAM STREET In order to permit insert a COMMERCIAL PARKING LOT 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 LAWRENCE P. MAGLIOZZI EXECUTIVE: UIREC'TOR Angela M. Smith 1)c1iuty 1)i rcc t.,r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 %V. J1:FFLRSOX BLVU., ROO-1 11+0 COUNT)-CITY BUILDING, SOUi"H BENI), INDIANA 46601 (i741 214-9i71 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 15. Petition of Mary Coyne 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.The staff recommends the variance for parking area screening be denied. (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 located in a mixed-use area with other parking facilities nearby, therefore The use should not affect 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 use has been in existence for several years and is in a mixed-use area near the central business district, the proposed parking lot should not adversely affect the use or value of the adjacent properties. (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 use is consistent with the character of the area with other parking facilities nearby. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The City Plan, South Bend Comprehensive Plan (November 2006)makes no specific reference to this use or area. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.5 T I 0 S E P H C O U NT Y1 ND I A N A.C O M/AREA P L A N Sled �r, ,.:jerk's Office PETITION FOR VARIANCE and/or SPECIAL EX USE, 4 2018 PROPERTY INFORMATION: KAREEMAH FOWLER CITY CLERI+�S91Tk1 IND, The property Tax Key Number(s)Ware: 018-3010-0325, 0327, and 0328 T'he property address: 111120118 ' 11 20 i$ 117 S Williams Street c South Bend, Indiana 46601 If the application only includes a portion of the property listed above,provide the Legal Descript'o for tie t�itmon area and the total site area: Lots 5, 6 and 7 of Block Two in Vails Subdivision as shown&Plat Book],Page 30 VARIANCE INFORMATION: 1) A special exception use to allow for a commercial parking lot; a varaince from the required 12'front yard setbackfor parking to zero; a varaince from the required parking lot landscape screening to none; a varaince from the required 4 interior off-street parking area landscape islands to none a variance from the required 24'parking lot manuvering aisle to 22'; a variance from the required 20'parking space depth to 16':and a variance from the required wheel stops for individual spaces to none. 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: (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: (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the 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 for the existing parking lot to continue in existance. 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 parking lot has been f n7ctioningfor over 10 years, there no changes to existing physical features. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: This parking lot shall not deduct from the use and value of adjacent properties, as it currently serve the adjacent properties (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: The site shall contiue to serve the adjacent properties os a parking lot. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The parking lot has been exislance for over 10 years, * 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: .Awry Coyne Investments.LLC c%Mtke Coyne 1428 Hamilton Avenue Cleveland, OH 44114 116.857-0262 AI CLPA cuao�cons Name and address of additional property owners,if applicable:via, Nam and address of peb ioner(s),if differmu than the petitioner): riles Name and address of addirinnal property owners, if applicable: CONTACT PERSON: Fang.Feeney&Assomues.Inc. 715 S Michigan Street South Bend Irufiam 46601 574-233-1841 Ter;v, ,magFeemy.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE. DESCRIBED REAL ESTATE AUTHORISE THAT THE CONTACT PERSON MISTED ABOVE MAY RE1PRESENT'Y 1HiIS PETEDON BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS'THEREON. Signature(s)of aD property mmer(s): I I I I I � I 14' ALLEY 115.5' PAVED ALLEY I 12 SPACES 6 SPACES a U J z 1g.5'----22'-----1H' CC ;n LQ in m 00 Cn t 1 16 SPACES 16 SPACES 2 ' ..............................................I.................................. . ..-.�-�. I I } w ¢ ��5099 4 SPACES t I EXE OF EX. ASPH GRASS 115.5' I � , i I 8 � I I 1 I Z — — t_____—— — — — — —— —— 0 U CC) LL m LEUND JEFFERSON BOULEVARD 82.5'R/W j �Y UnLI Y POLE N —.— Up � i -- ,J lie Lq Lang, Feeney &Associates, Inc. AREA BOARD OF ZONING APPEALS Land Surveyors, Construction Engineers & Soil Scientists U SITE PLAN 715 South Michigan Street FOR South Bend, Indiana 46601 MARY CQYNE INVESTMENTS, LLC. Phone 574-233-1841 Fax 574-674-0374 Re Name j0nrm By Sock Coyne BZA.dwg I JMS 1" = 30' Date Rev. Date DroMing No. 4-10-18