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Home My WebLink About18-34 Special Excecption: 719 and 721 W. Rex Street A REA B OARD OF Z ONINGA PPEALS 1140 County-City Building '-----°° 227 W.Jefferson Boulevard Filed in Clerk's Office South Bend.IN 46601 www,sjclndiana.com Phone-574.235-9571-Fax-574-235-9813 JUL 13 2018 Thursday,July 12,2018 -- KAREEMAH FOWLER Common Council CITY CLERK, SOUTH BEND, IN 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of THRIVE MICHIANA LLC seeking a Special Use for to allow an accessory parking lot in the SF2 Single Family and Two Family District for property located at 719 and 721 W. REX ST., City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance was legally advertised on June 28, 2018 and that the Area Board of Zoning Appeals at its public hearing on July t 1, 2018 took the following action: Upon a motion by Robert Hawley,being seconded by John Leszczynski and unanimously carried, a petition by THRIVE MICHIANA LLC seeking a Special Use for to allow an accessory parking lot for property located at 719 and 721 W.REX 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. Sincerel , Lawrence P.Magliozzi, Executive Director Attachment CC: RICHARD L AND LINDA L FORD Director of Planning&Community Resources Mike Keen Kathy Schuth Filed in Clerk's Office BILL NO. 18-34 JUL 13 2018 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 719 and 721 W. REX 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: 719 and 721 W. REX STREET In order to permit an accessory 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 ,7 �!.J + CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USES JUN 14 2018 PROPERTY INFORMATION: i The property Tax Key Number(s)is/are: 018-1060-2535, 018-1060-2536, 018-1062-2658, 018-1060-2537, 018- 1000-2538, 018-1059-2488, 018-1059-2489, 018-1059-2490, 018-1059-2491, 018-1059-2492, 018-1059-2505 The property address: 906, 908-910 Pwtage Are; 736 California it ve; 808-838 Portage i1 ve; 719 W Rex St South Bend, IN 46616 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: illl portions of properties listed above VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired t•equest(e.g., From the required[enter requirement]to[enter request going to]) Additional examples can be fofnrd on our•website. Please conaet the Staff if you need assistance. 1)a. From the r eguir•cr(l 12 foot maxinuan setback to 35 feet maxinunn setback frn 50%gf the building eleraliorn along Rev Street, b. From the parking setback of 5 feet behind the_Ji•onl building lire to 5 feet behind the property line. c. Prom a 24-1bor parki,rg rrrarrcnn,e!lrrgausle to a 14/oo!nranefn,erltrg aisle. d. Prom the required landscaping nJ regtrir ed perrrrrcler'yarc!to as drown oil Site Plan. e, Y oaf the require(1 gJJ street parking arcrr screening to screening as shown On Site Plan 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: I'!te proposer!development will Jill a need in the neiglrborlrood,f(r•({JJbrzalable horrsiugm, supporting the general welfrn•e of the commmmity. (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: The reuse(?/'a blighte(llvac(rnt str'aetm•e and the cler elopment of existing vacant land should not adi er•sely((Jfect sta ranrdirrgl»vpe,ty twhres. (c) The strict application of the teens of this Ordinance would result in practical difficulties in the use of the property: Due to the layout gfthe existing building and odd corrfigta•ation q0 he lots, the placement of buildings&Parking it-ill res•r(!t in overcoming the practical(Ir'lficulties•ir(the reuse of the properties. The proximit},along Pottage and the(desire to beep the parking aiva.11 i'om view oJ•Porlage Arc will help ease the othenrise str•ic!application o0 his Ordinance for•the development gf those sites. 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: Lots 018-1060-25.37 ce 018-1060-2538 are being proposed to allow r(se ors•an aceess'ory parking lot. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) "The proposed trse will not be injurious to the public health,safety, comfort,community moral standards, convenience or general welfare: The proposed developmerrt is located along a public transportation route and this parking will supplement the development to Create a marketable annuity fin,those that it-ill oll7l a vehicle. G1Y»iliilg the.special ltsC loi•par•kiilg iiiste(td QjVllCallt lots shoitl(l itot be in nr ious to IIIe general ivel/i»•e of the com»unto). (b) The proposed use will not injure or adversely affect the use of the adjacent area or property valves therein: 11,7111 prosier landscaping anll screening, the a(ljacew residential itses should not he adversely q reefed. (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 proposed addition(rl parking crlloi>>s for sn trctru es to rc»i(riil/crddcll tv Portage Avenue and locating parking behind these structures curd/or•properly 1(»rdse(ipecl/.screerrell iron! view. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As currently single-Jmility zoning, the decision was made to honor the Comprehensive!'kur/crtrrcrlt zoui»g by applping.for Special l:.l"emptio» Use pertinent to the adjelcent development plans. If in fire ,future parking needs are not as great,granting the Special hremption Uve allows irai s%ornultioll of the propcl7p to single. imd4y use. * In the case of a Special Exception Use,the petitioner shall be held to the representations oracle on the Preliminary Site Plan included with this petition. Filed in Clerk's Office JUL 13 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN i JUN 14 2018 �._.----- Filed in Clerk's Office P1;.TITTONER 1NIYX)RNLMON: JUL 13 2018 Nance and address of pn?perty o\vnegs)of tile petition site: Ric-hemi&Linda Fortis' KAREEMAH FOWLER SCE Aharina.4vemte CITY CLERK,SOUTH BEND, IN Kev Largo. FL 3303:7 t,411011•11 -Phone Member with Area Code i'_ 1k lolrn- E-Afail,4ddrrss Name surd address of additional property owners, if applicable: Tim Corcoran Director, Planning& Community Resoruces Cite of South Bend 1400 S. County-City Building 22?W.Jefferson Blvd South Bend,IN 46601 Mike Keen Thrive Michigan LLC 1012 Riverside Drive South Bead,IN 46616 S74-514-2096 nit'k-eenl@gmail.com Name and address of petitioner(s),if different than the petitioner): Kathy Schuth 1007 Portage Avenue South Bend, M46616 574-232-9182 nnndirector@nearnorthwest.org Name and address of additional property owners, if applicable: -FILED- CONTACT PERSON: Kathy Schuth JUN 14 2018 1007 Portage Avenue South Bend M 46616 574-232-9181 nnndirector@neamorthwest.org BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PE'T'ITION BEFORE THE AREA BOARD OFZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. 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