HomeMy WebLinkAbout18-24 Special Exception: 112 E. Indiana Ave. AREA B OARD OF ZONING APPEALS t=iled in Clerk's Office
1140 County-City Building J U N 'J ,! 2 018
227 W.Jefferson Boulevard I'J
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 BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the
SF2 Single Family&Two Family District (South Bend)for property located at 112 E INDIANA
AVE, City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC 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 Michael Urbanski and unanimously carried, a
petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property
located at 112 E INDIANA AVE,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.
Sincerely, n
Lawrence P.Magi iozzi,Executive Director
Attachment
CC: BH INVESTMENTS LLC
Cindy Hendrick
Filed in Clerk's Office
JUN 0 4 2018
BILL NO. 18-24
RESOLUTION NO. ptAREEP�AAH FOWLER
GM CLERK,SOUTH REND,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 112 E INDIANA AVENUE
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:
112 E INDIANA AVENUE
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 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
G Xf:CUTIV E: DIRECTOR
Angela M. Smith
D'Puty Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
Z 2 7 \C. JL•FFLRS0N BLVD ROC)>1 Ilia COUNT I'-CITY B U I L1)1 N(;, SOUTH BE\D, IN1)1 ANA 46601 (i74) 23i-9i 71
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
14. 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 valves
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 H1: 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 BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W.S T)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
Filed in Clerk's Office
CITY OF SOUTH BEND JUN 0 4 2010
PETITION FOR VARIANCE and/or SPECIAL EXCE ON ILSE
PROPERTY INFORMATION: EE c OWV-R'-'-
CITY i-Ek;S t,tri`BEND,I
The property Tax Key Nurnber(s)is/are: 018-7031-)118801 APR 12 2018
The property address:
112 E htdiana Ave
South Bend IN 466113
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:
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 fornrd on
our tvebsite. Please conact the Staff if you need assistance.
1) From the required 4 spaces to I
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: There is ample parking on the street at this location.
(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: Tire use will increase property value of this property as well as others
in the area..
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
properly: 1 have extensive experience in the neighborhood so character svill
remain
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 : Two I'antily DKWIling
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed rise will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: The property will beautify and thus improve the community with a ivell
maintained(rouse replacing the current dilcrpiclated properly
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The use will increase property values. The current adjacent properties are MU
(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 character will rentain tuchanged.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The city mould like(rouses in this neighborhood rehabed.
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:
BHInvestments
2269 Chestnut St#280
San Francisco, CA 94123
949-910-8691
brian@overtheiiioonsf.com
Name and address of additional property owners,if applicable:
Name and address of petitioner(s),if different than the petitioner):
Name
Address
City,State Zip Code
Phone number with Area Code
E-Mail Address
Name and address of additional property owners,if applicable:
CONTACT PERSON:
Cindy Hendrick
1921 SLafayette St
South Bend,IN 46613
574-267-37632
cindyhendrick @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.
Signatare(s)o property owne
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