The URL can be used to link to this page

Home My WebLink About18-26 Special Exception: 1235 W. Napier St. AREA BOARD OF ZONING APPEALS 1140 County-City Building Filed in Clerk's Office 227 W.Jefferson Boulevard South Bend,IN 46601 JUN 15 2018 www.sjclndiana.com Phone 574.235-9571 -Fax-574235-9813 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Friday,June 15, 2018 Common Council 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking Iot within 500'of an existing church in the SF2 Single Family&Two Family District(South Bend) for property located at 1235 W NAPIER ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of GETHSEMANE CHURCH OF GOD was legally advertised on May 31, 2018 and that the Area Board of Zoning Appeals at its public hearing on June 13,2018 took the following action: Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried,a petition by GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking lot within 500'of an existing church for property located at 1235 W NAPIER 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. Sincerely, Lawrence P.Magliozzi,Jecuti e Director Attachment CC: GETHSEMANE CHURCH OF GOD Filed in Clerk's Office BILL NO. 18-26 JUN 15 2018 a RESOLUTION NO. KAREEMAH FOWLER 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 1235 W NAPIER 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: 1235 W NAPIER In order to permit offsite parking within 500' of an existing church. 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 r.XECUTIVE DIRECTOR Angela M. Smith 1),P.ty Di-1- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1C. JLFFLRSON BL1'U.. RDO\t 114o COLINF1•CIT1 BUILDING, SOUTH BEND, INDIANA + 601 Red in-!ti-lerk'sOfflCe Special Exception/Special Use JUN '15 2018 OVIILER A special exception use/special use may only be granted upon making a written e EMAH MAH F F BEi�ID,IN adopting appropriate Findings of Fact, based upon the evidence presented at a p (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 17. Petition of Gethsemane Church of God 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 front setback be a minimum of 15' on the west property line and the drive aisle on the south be reduced to allow for a larger setback. The staff recommends the perimeter landscaping variance be denied on the west and south. The staff further recommends the denial of the interior off-street parking landscape islands to none. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed parking lot will 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, With proper landscaping and buffering, the proposed use will 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 for the expansion of a church that has been in the neighborhood for a long time. With the proper buffering, the use can be consistent with the character of the residential district and neighborhood in which it is located. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. There is no specific reference to this particular use in the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/AREA PLAN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTV INFORMATION: Filed in Clerk's Office The property Tax Key Number(s)is/are: 018-3074-2923 &018-3074-2924 The property address: 1235 W Napier Street and the vacant lot lying west and adjacent JUN 1 5 2018 Legal Description: Lot 49 and Lot 50 as shown on the recorded plat of IsdOW WR TH BEND.IN VARIANCE INFORMATION: 1) (1)A variance from the required 25'front setback to 3' on the south and 6' on the west; (2)A variance from the required 20'side yard setback to 3' on the north and east; (3)A variance from the required parking stops to none; (4)A variance from the required 2 interior off-street parking landscape islands to none; (5)A variance from the required Type A perimeter landscaping 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 an offsite parking lot within 500'of an existing church, in the SF2 Single Family and Two Family 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: This parking is best suited on this corner lot, while having an existing cross walk provided to the south where the church is located. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: religious use is permitted within the SF2 Single Family and Two Family District. This petition is for the parking lot, (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: This parking lot shall serve the existing church. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. This church is one of 2 long standing congregations in this neighborhood As such, the church has acted as a stabilizing influence on the nearby residential community and the members of the congregation. The addition of a formal parking for this church enhances its image of stability and service in the community and the congregation * 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: Gethsemane Church of God Karl Nichols 308 S.Walnut Street South Bend,Indiana 46601 574-276-5842 director @cwpartners.org Name and address of additional property owners, if applicable: n/a Name and address of petitioner(s), if different than the petitioner): n/a Name and address of additional property owners, if applicable: n/a CONTACT PERSON: Lang, Feeney& Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 Terry@LangFeeney.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): Gethsemane Church of God Karl Nichols C � 0 Fi din Clerk's Office c W A ° o W N 4 C m z to JUN 15 2010 m RN ¢ N p^N REEIVIAH FOWLER r o W J '� CITY CLERK,SOUTH BEND,IN w s o N o a � y �N -•O O _ o ¢ pN Ztv �U OK O� M I I I J I M l ,06.911 �llV ,i� I C _ I W M/a,99 1332iiS 2131dVN� 17 C Q j r J CD @ z j o Y Lo LLJ Q I i I i (O oo 2 Y[N I w wI o I. 0 I Z 3 a d �Ii= x I I 06.911 rz M a,os 133ais a3idvN—_ _ IF i 1 � � i ` I 0N11SiX3