HomeMy WebLinkAboutSpecial Exception - 618,622,626,636 Lincolnway East, Vacant Land Adjcanet to 701 South Street and 611,613,701 South Street and 514 and 518 Rush Sret RES�LUTION
4126-11
Passed by the Common Council of the City of South Bend, Indiana
November 14, 11
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Attest: City Clerk
Attest� President of Common Council
Presented by me to the Mayor of the City of South Bend, indiana
November 15, 20 11
City Clerk
Approved and signed by me Novembe r 16, 20 11 .
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RESOLUTION NO. �l�—�O—� I
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS
OF ST.JOSEPH COUNTY,INDIANA,FOR THE PROPERTIES LOCATED AT
(618,622,626,636 LINCOLNWAY EAST,VACANT LAND ADJACENT TO AIVD EAST OF
701 SOUTH STREET AND 611,613,701 SOUTH STREET AND
514 AND 518,RUSH STREET,SOUTH BEND,INDIANA)
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 Area Board of Zoning Appeals of St.Joseph
County, Indiana for approval or disapproval;and
WHEREAS,the Common Council must take action within sixty(60)days after the Area Board of Zoning Appeals of .
St.Joseph County,Indiana,makes its recommendation to the Council pursuant to I.C.36-7-4-918.6;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 of St.Joseph County,Indiana,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 of St.Joseph County,Indiana,pursuant to Indiana Code Section 5-14-1.5-5,requesting that Special Exceptions
be granted for the properties located at:
(618,622,626,636 LINCOLNWAY EAST,VACANT LAND ADJACENT TO AND EAST OF
701 SOUTH STREET AND 611,613,701 SOUTH STREET AND 514 AND 518,RUSH STREET,
SOUTH BEND,INDIANA)
in order to permit:
The Approval of Special Exceptions to be allowed to have the option to use the properties located at 618, 622,
626, 636 Lincolnway East, vacant land adjacent to and East of 701 South Street and 611, 613,701 South Street
and 514 and 518 Rush Street all in South Bend, Indiana for Single-family residential dwellings per Section 21-
02.03(a)(2)(F�of the City of South Bend Zoning Ordinance and Approvat of Speciai Exceptions to be allowed to
use a portion of the properties located at 618, 622 Lincolnway East, 611 South Street and 514 and 518 Rush
Street all in South Bend, Indiana for an Accessory Parking Lot per Section 21-02.03 (a) (2)(D) of the City of
South Bend Zoning Ordinance.
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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 of St.Joseph County, Indiana,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 uses will not be injurious to the public health,safety,comfort,community moral
standards,convenience or general welfare;
2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values
therein;
3. The proposed uses will be consistent with the character of the district in which it is located and the
land uses authorized therein; .
4. The proposed uses are compatible with the recommendations of the City of South Bend
Comprehensive plan;all of which is requested by the South Bend Municipal Code§21-09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the
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.
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Member of the Common Council
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
11-59 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
OF ST. JOSEPH COUNTY, INDIANA, FOR THE
PROPERTIES LOCATED AT 618, 622, 626, 636
LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND
EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH
STREET AND 514 AND 518, RUSH STREET, SOUTH
BEND, INDIANA
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.
This bill was heard by the Zoning & Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
r �
AREA BOARD OF ZONING APPEALS
OF ST. JOSEPH COUNTY, INDIANA
NO. FILED , 20
NOTIFIED , 20 HEARING , 20
APPEAL
Applicant's Name: SOUTH BEND REDEVELOPMENT AUTHORITY
Phone 574-235-9371
Address: 1200 COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. ,
SOUTH BEND, INDIANA 446601
Address of Properties: 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND
ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH STREET
AND 514 AND 518, RUSH STREET , SOUTH BEND, INDIANA 46601
Present Zoning of Properties: "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT
Owner's Name: SOUTH BEND REDEVELOPMENT AUTHORITY Phone 574-235-9371
Address: 1200 COUNTY-CITY BUILDING, 227 WEST JEFFERSON BLVD. ,
SOUTH BEND, INDIANA 46601
Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 CONII�RCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE BOARD OF ZONING APPEALS FOR
THE CITY OF SOUTH BEND, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF
701 SOUTH STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH
STREET , SOUTH BEND, INDIANA 46601
NATURE OF APPEAL:
SPECIAL EXCEPTION AND VARIANCE REQUESTS:
PARCEL "A" (618 Lincolnway East) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 618 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
, ,
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B) . Approval of a Special Exception to be allowed to use a portion
property at 618 Lincolnway East, South Bend, Indiana per Section 21-
02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an
Accessory Parking Zot.
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 45 feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
45 feet more or less.
3) . A Variance to be allowed to have a sidewalk and paved driveway in
the 6 ft. Wide Side-yard Setback (along the South property line )as
shown.
4) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to no on-site parking spaces, but being allowed
to have a minimum of two (2) parking spaces on an adjacent Accessory
parking Lot shown on Parcels "A", "B", "H", "I" and "J".
5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 5,700 sq.ft. more or less.
6) . A Variance from providinq the required Type "A" Landscaping along
the entire perimeter of said Parcel "A" to no additional perimeter
landscaping.
7) . A Variance from providing perimeter landscape screening for the
portion of a parking lot shown on said Parcel "A" to providing no
additional landscape screening.
PARCEL "B" (622 Lincolnwa East) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 622 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
B) . Approval of a Special Exception to be allowed to use a portion
property at 622 Lincolnway East, South Bend, Indiana per Section 21-
02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an
Accessory Parking Lot.
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VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 47.77 feet
more or less.
� 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
47.77 feet more or less.
3) . A Variance to be allowed to have a sidewalk and paved driveway in
the 6 ft. Wide Side-yard Setback (along the North and South property
lines) as shown.
4) . A Variance from providing on-site parking for a Two Fatnily dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to have a minimum of two (2) parking spaces on
the portion of the Accessory parking Lot shown on Parcels "A", "8", "H'�,
"I" and "J".
5) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "B" to no additional perimeter
landscaping.
6) . A Variance from providing perimeter landscape screening for the
portion of a parking lot shown on said Parcel "H" to providing no
additional landscape screening.
PARCEL "C" (626 Linco.Inway East) •
SPECIAL EXCEPTION REQUEST:
A) , Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 626 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
VARIANCE REQiTESTS:
1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide Side-
yard Setback (along the South property line) as shown.
2) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to no on-site parking spaces, but being allowed
to have a minimum of two (2) parking spaces on an adjacent Accessory
parking Lot shown on Parcels "A", "B", "H" "I" and "J".
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3) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less.
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4) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "C" to no additional perimeter
landscaping.
PARCEZ "D" (636 Lincolnway East) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 636 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
VARIANCE REQUEST:
1) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "D" to no additional perimeter
landscaping.
PARCEL "E" (700 Block of South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the vacant land adjacent
to and East of 701 South Street, South Bend, Indiana per Section 21-
02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance.
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 40 feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
40 feet more or less.
3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks
to a minimum of a 5 ft. Wide Side-yard setbacks along the East and West
property lines as shown and be allowed to have sidewalks or drives in
said Side-yard setbacks.
4) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) to no on-site parking spaces.
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5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 2,500 sq.ft. more or less.
6) . A Variance from the required minimum 25 ft. Rear-yard setback for a
Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 20
feet as shown.
7) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "E" to no additional perimeter
landscaping.
PARCEL "F" (701 South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the 701 South Street,
South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South
Bend Zoning Ordinance.
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 38.75 feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
38.75 feet more or less.
3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a
minimum of a 4 ft. Wide Side-yard setbacks along the East and West
property lines as shown and be allowed to have sidewalks in said Side-
yard setbacks.
4) . A Variance from providing on-site parking for a Two Faatily dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) to no on-site parking spaces, but being allowed
to have a minimum of one (1) parking space on an adjacent Accessory
parking Zot shown on Parcels "A", "B", "H", "I" and "J".
5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less.
6) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "F" to no additional perimeter
landscaping.
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7) . A Variance from the required minimum 25 ft. Rear-yard setback for a
Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15
feet as shown.
PARCEL "G" (6Z3 South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the 613 South Street,
South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South
Bend Zoning Ordinance.
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 34. 97feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
34.97 feet more or less.
3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a
minimum of a 4 ft. Wide Side-yard setbacks along the East property line
and to a minimum of 2 ft. along the West property line as shown and be
allowed to have sidewalks in said Side-yard setbacks.
4) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) to no on-site parking spaces, but being allowed
to have a minimum of one (1) parking space on an adjacent Accessory
parking Lot shown on Parcels "A", "B", "H", "I" and "J".
5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less.
6) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "G" to no additional perimeter
landscaping.
7) . A Variance from the required minimum 25 ft. Rear-yard setl�ack for a
Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15
feet as shown.
PARCEL "H" (611 South Street) :
SPECIAL EXCEPTION REQUESTS:
�
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 611 South Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
B) . Approval of a Special Exception to be allowed to use a portion
property at 611 South Street, South Bend, Indiana per Section 21-02.03
(a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory
Parking Lot.
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 54.33 feet
more or less.
2) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a
minimum of a 2 ft. Wide Side-yard setback along the East property line
and to a minimum of 5 ft. along the West property line as shown and be
allowed to have sidewalks and drives in said Side-yard setbacks.
3) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to have a minimum of two (2) parking spaces on
the portion of the Accessory parking Lot shown on Parcels "A", "B", "H",
"I" and "J".
4) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less.
5) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "H" to no additional perimeter
landscaping.
6) . A Variance from providing perimeter landscape screening for the
portion of a parking lot shown on said Parcel "H" to providing no
additional landscape screening.
PARCEL "I" (518 Rush Street) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 518 Rush Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
B) . Approval of a Special Exception to be allowed to use a portion
property at 518 Rush Street, South Bend, Indiana per Section 21-02.03
(a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory
Parking Lot.
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VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Riqht-of-way for a Single Family Dwelling Lot to a minimum of 30.50 feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
30.50 feet more or less.
3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a
minimum of a 4 ft. Wide Side-yard setback along the North and South
property lines as shown and be allowed to have sidewalks in said Side-
yard setbacks.
4) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to have a minimum of one (1) parking space on
the portion of the Accessory parking Lot shown on Parcels "A", "B", "H",
"I" and "J".
5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 4,080 sq.ft. more or less.
6) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "I" to no additional perimeter
landscaping.
7) . A Variance from providing perimeter landscape screening for the
portion of a parking lot shown on said Parcel "I" to providing no
additional landscape screening.
PARCEL "J" (5I4 Rush Street) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 514 Rush Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
B) . Approval of a Special Exception to be allowed to use a portion
property at 514 Rush Street, South Bend, Indiana per Section 21-02.03
(a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory
Parking Lot.
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VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 35. 92 feet
more or less.
2) . A Variance from the Minimum required 50 ft. of Frontage on a Public
Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of
35.92 feet more or less.
3) . A Variance from the required minimum 6 ft. wide Side-yard setback to
a minimum of a 4 ft. Wide Side-yard setback along the South property
line and be allowed to have sidewalks and drives in both and the North
and South Side-yard setbacks.
4) . A Variance from providing on-site parking for a Two Family dwelling
(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling
(i.e. 1 parking space) , to have a minimum of two (2) parking spaces on
the portion of the Accessory parking Lot shown on Parcels "A", "B", "H",
"I" and "J".
5) . A Variance from the minimum required 6,000 sq.ft. for a Single
Family Dwelling Lot to a minimum of 4,750 sq.ft. more or less.
6) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "J" to no additional perimeter
landscaping.
7) . A Variance from providing perimeter landscape screening for the
portion of a parking lot shown on said Parcel "J" to providing no
additional landscape screening.
Variance request for Accessory Parking Lot located on Parcels "A", "B",
..H�.� �.I.. and ��J.,:
1) . From the requirement of providing a minimum 24 ft. wide parking lot
aisleway to a minimum of 14 feet wide for an existing parking lot.
TFIIS REAL ESTATE IS CONIlrIONLY DESCRIBED AS: 618, 622, 626, 636 LINCOLNWAY
EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613,
701 SOUTH STREET AND 514 AND 518, RUSH STREET, SOUTH BEND, INDIANA
46601.
The Petitioner is the owner of the real estate parcel shown on the
attached site plan and as shown in the records of the St. Joseph County,
Indiana Auditor's office. The Petition property presently has a Zoning
classification of "MF1" Urban Corridor Multifamily District. The
Petitioner has acquired the properties shown and is in the process of
making the properties available for sale to a single owner who would
manage the properties or individual owners. Several of the parcels
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contain existing residential structures that have been used for single
family and multi-family dwellings. The recent previous owner, the South
Bend Housing authority managed the properties and built a parking lot
that crossed several property lines and was used to serve several of the
homes. The existing property lines were created several decades ago and
appears were done without the use of land surveys. This is apparent as
several of the properties contain encroachments of buildings or walks
over the existing property lines.
The Petitioner desires to place the properties on the market for
sale. They would like to give any potential buyer the option of
maintaining some structures as multi-family dwellings or the possibility
of turning the multi-family structures into single-family homes. The
Petitioner is also taking some vacant land and creating buildable Iots
for future home sites that are in character with the other home sites in
this neighborhood. The Petitioner also desires to reconfigure the
existing property lines to place the existing structures on individual
lots without the structures or walks encroaching onto adjacent
properties. In order to accomplish the goals of making the properties
salable, the Petitioner had a meeting with the Building Department and
Area Plan Commission staffs' to develop a plan for the parcels in
question. The Petitioner wanted to work with the existing zoning
classification in order not to create an island zoning that was
inconsistent with the surrounding area. The result was to request
approval of several developmental Variances for setbacks, frontages, lot
size and flexibility from some landscape requirements. There was also a
need to ask for approval of Special Exception to allow for the
flexibility of using the home sites for either single-family dwellings
or multi-family dwellings. A Special Exception request was also needed
to allow for the continuation of the existing parking lot which crosses
several lot lines. The parking lot would be considered an Accessory Use
under the zoning guidelines. Based on this development plan, the
following Special Exceptions and Variances requests, are being asked to
be approved for a portion of this downtown neighborhood.
More specifically the following Special Exceptions and Variances are
being requested:
PARCEL "A" (618 Lincolnway East) •
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 618 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance; B) . Approval of a Special Exception to be allowed to
use a portion property at 618 Lincolnway East, South Bend, Indiana per
Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance
for an Accessory Parking Lot.
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The Special Exceptions are being requested to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family home. The second Special Exception request is to allow
for a portion of the existing parking lot to be allowed on the proposed
parcel.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use and approval of the Special exception for a
portion of the site to be used for an Accessory Use for parking, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code § 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 45 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 45 feet more or less; 3) . A Variance to be
allowed to have a sidewalk and paved driveway in the 6 ft. Wide Side-
yard Setback (along the South property line ) as shown; 4) . A Variance
from providing on-site parking for a Two Family dwelling (i.e. 4 parking
spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking
space) , to no on-site parking spaces, but being allowed to have a �
minimum of two (2) parking spaces on an adjacent Accessory parking Lot
shown on Parcels "A", "B", "H", "I" and "J"; 5) . A Variance from the
minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a
minimum of 5,700 sq.ft. more or less; 6) . A Variance from providing the
required Type "A" Landscaping along the entire perimeter of said Parcel
"A" to no additional perimeter landscaping; 7) . A Variance from
providing perimeter landscape screening for the portion of a parking lot
shown on said Parcel "A" to providing no additional landscape screening.
The Variances requested for Parcel "A" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
parking requirements, yard setbacks for lot improvements such as
existing sidewalks for the different land uses. The Variances also allow
for flexibility in not being required to plant additional landscaping
along the perimeter of the lot or for additional screening for the
existing parking lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
12
properties, nor will it adversely affect the surrounding property
values.
PARCEL "B" (622 Lincolnway East) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 622 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance; B) . Approval of a Special Exception to be allowed to
use a portion property at 622 Lincolnway East, South Bend, Indiana per
Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance
for an Accessory Parking Lot.
The Special Exceptions are being requested to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family home. The second Special Exception request is to allow
for a portion of the existing parking lot to be allowed on the proposed
parcel.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use and approval of the Special exception for a
portion of the site to be used for an Accessory Use for parking, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code § 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 47.77 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 47.77 feet more or less; 3) . A Variance to be
allowed to have a sidewalk and paved driveway in the 6 ft. Wide Side-
yard Setback (along the North and South property lines) as shown; 4) . A
Variance from providing on-site parking for a Two Family dwelling (i.e.
4 parking spaces) , or on-site parking for a Single Family dwelling (i.e.
1 parking space) , to have a minimum of two (2) parking spaces on the
portion of the Accessory parking Lot shown on Parcels "A", "B", "H", `�I��
and "J"; 5) . A Variance from providing the required Type "A" Landscaping
along the entire perimeter of said Parcel "B" to no additional perimeter
landscaping; 6) . A Variance from providing perimeter landscape screening
13
for the portion of a parking lot shown on said Parcel "B" to providing
no additional landscape screening.
The Variances requested for Parcel "�" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
parking requirements, yard setbacks for lot improvements such as
existing sidewalks and paved driveways and parking spaces for the
different land uses. The Variances also allow for flexibility in not
being required to plant additional landscaping along the perimeter of
the lot or for additional screening for the existing parking lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCEL "C" (626 Lincolnway East) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 626 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
The Special Exception is being requested is to allow for the
existing home on this parcel to be used for either a residential Duplex
dwelling or single-family home.
The Petitioners and the contingent purchasers would ask the Board
Members to agree that approval of the Special Exception to allow the
parcel to be used for either multi-family or single-family use, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code � 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide Side-
yard Setback (along the South property line) as shown; 2) . A Variance
from providing on-site parking for a Two Family dwelling (i.e. 4 parking
spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking
space) , to no on-site parking spaces, but being allowed to have a
minimum of two (2) parking spaces on an adjacent Accessory parking Lot
shown on Parcels "A", "B", "H", "I" and "J"; 3) . A Variance from the
minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a
minimum of 5,600 sq.ft. more or less; 4) . A Variance from providing the
14
required Type "A" Landscaping along the entire perimeter of said Parcel
"C" �o no additional perimeter landscaping.
The Variances requested for Parcel "C" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, parking
requirements, yard setbacks for lot improvements such as existing
sidewalks for the different land uses. The Variances also allow for
flexibility in not being required to plant additional landscaping along
the perimeter of the lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCEL "D" (636 Lincolnway East) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 636 Lincolnway East, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance.
The Special Exception is being requested is to allow for the
existing home on this parcel to be used for either a residential Duplex
dwelling or single-family home.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use, would not be injurious to the public
health, safety, comfort, community moral standards, convenience or
general welfare, or injure or adversely affect the use of the adjacent
area or property values there�n, and that the proposed uses will be
consistent with the character of the district in which they are located
and the land uses authorized therein, and that the proposed uses are
compatible with the recommendations of the City of South Bend
Comprehensive plan, all of which is requested by the South Bend
Municipal Code � 21-09.03 (i) .
VARIANCE REQUEST:
1) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "C" to no additional perimeter
landscaping.
The Variance to allow for flexibility in not being required to plant
additional landscaping along the perimeter of the lot should not have a
negative impact to any adjacent property. There are several trees
located on this site presently.
The Petitioner believes that approval of the above Variance for this
parcel for residential development will not be detrimental to adjacent
15
properties, nor will it adversely affect the surrounding property
values.
PARCEL "E" (700 Block of South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the vacant land adjacent
to and East of 701 South Street, South �Bend, Indiana per Section 21-
02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance.
The Special Exception is being requested is to allow for the
existing home on this parcel to be used for either a residential Duplex
dwelling or single-family home.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use, would not be injurious to the public
health, safety, comfort, community moral standards, convenience or
general welfare, or injure or adversely affect the use of the adjacent
area or property values therein, and that the proposed uses will be
consis�ent with the character of the district in which they are located
and the land uses authorized therein, and that the proposed uses are
compatible with the recommendations of the City of South Bend
Comprehensive plan, all of which is requested by the South Bend
Municipal Code § 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 40 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 40 feet more or less; 3) . A Variance from the
required minimum 6 ft. wide Side-yard setbacks a minimum of a 5 ft. Wide
Side-yard setbacks along the East and West property lines as shown and
be allowed to have sidewalks or drives in said Side-yard setbacks; 4) . A
Variance from providing on-site parking for a Two Family dwelling (i.e.
4 parking spaces) , or on-site parking for a Single Family dwelling (i.e.
1 parking space) to no on-site parking spaces; 5) . A Variance from the
minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a
minimum of 2,500 sq.ft. more or less; 6) . A Variance from the required
minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two
Family dwelling Lot to a minimum of 20 feet as shown; 7) . A Variance
from providing the required Type "A" Landscaping along the entire
perimeter of said Parcel "E" to no additional perimeter landscaping.
The Variances requested for Parcel "E" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
parking requirements, yard setbacks for lot improvements such as
16
sidewalks and paved driveways and parking spaces for the different land
uses. The Variances also allow for flexibility in not being required to
plant additional landscaping along the perimeter of the lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCEL "F" (701 South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the 701 South Street,
South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South
Bend Zoning Ordinance.
The Special Exception is being requested is to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family home.
The Petitioners and the contingent purchasers would ask the Board
Members to agree that approval of the Special Exception to allow the
parcel to be used for either multi-family or single-family use, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code § 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 38.75 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 38.75 feet more or less; 3) . A Variance from
the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft.
Wide Side-yard setbacks along the East and West property lines as shown
and be allowed to have sidewalks in said Side-yard setbacks; 4) . A
Variance from providing on-site parking for a Two Family dwelling (i.e.
4 parking spaces) , or on-site parking for a Single Family dwelling (i.e.
1 parking space) to no on-site parking spaces, but being allowed to have
a minimum of one (1) parking space on an adjacent Accessory parking Lot
shown on Parcels "A", "B", `�H", "I�� and "J"; 5) . A Variance from the
minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a
minimum of 2,550 sq.ft. more or less; 6) . A Variance from providing the
required Type "A�� Landscaping along the entire perimeter of said Parcel
17
"F" to no additional perimeter landscaping; 7) . A Variance from the
required minimum 25 ft. Rear-yard setback for a Single Family dwelling
Lot or Two Family dwelling Lot to a minimum of 15 feet as shown.
The Variances requested for Parcel "F" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
parking requirements, yard setbacks for lot improvements such as
existing sidewalks for the different land uses. The Variances also allow
for flexibility in not being required to plant additional landscaping
along the perimeter of the lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCEL "G" (613 South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for the 613 South Street,
South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South
Bend Zoning Ordinance.
The Special Exception is being requested is to allow for the
existing home on this parcel to be used for either a residential Duplex
dwelling or single-family home.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use, would not be injurious to the public
health, safety, comfort, community moral standards, convenience or
general welfare, or injure or adversely affect the use of the adjacent
area or property values therein, and that the proposed uses will be
consistent with the character of the district in which they are located
and the land uses authorized therein, and that the proposed uses are
compatible with the recommendations of the City of South Bend
Comprehensive plan, all of which is requested by the South Bend
Municipal Code � 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 34. 97 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 34.97 feet more or less; 3) . A Variance from
the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft.
Wide Side-yard setbacks along the East property line and to a minimum of
2 ft. along the West property line as shown and be allowed to have
sidewalks in said Side-yard setbacks; 4) . A Variance from providing on-
18
site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-
site parking for a Single Family dwelling (i.e. 1 parking space) to no
on-site parking spaces, but being allowed to have a minimum of one (1)
parking space on an adjacent Accessory parking Lot shown on Parcels "A",
"B", "H", "I" and "J"; 5) . A Variance from the minimum required 6,000
sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft.
more or less; 6) . A Variance from providing the required Type "A"
Landscaping along the entire perimeter of said Parcel "G" to no
additional perimeter landscaping; 7) . A Variance from the required
minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two
Family dwelling Lot to a minimum of 15 feet as shown.
The Variances requested for Parcel "G" will allow for the parcel to
be useti for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
parking requirements, yard setbacks for lot improvements such as
existing sidewalks for the different land uses. The Variances also allow
for flexibility in not being required to plant additional landscaping
along the perimeter of the lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCE.L "H" (611 South Street) :
SPECIAL EXCEPTION REQUEST:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 611 South Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance; B) . Approval of a Special Exception to be allowed to
use a portion property at 611 South Street, South Bend, Indiana per
Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance
for an Accessory Parking Lot.
The Special Exceptions is being requested to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family home. The second Special exception request is to allow
for a portion of the existing parking lot to be allowed on the proposed
parcel.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
_ family or single-family use and approval of the Special exception for a
portion of the site to be used for an Accessory Use for parking, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
19
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code � 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 54.33 feet
more or less; 2) . A Variance from the required minimum 6 ft. wide Side-
yard setbacks a minimum of a 2 ft. Wide Side-yard setback along the East
property line and to a minimum of 5 ft. along the West property line as
shoran and be allowed to have sidewalks and drives in said Side-yard
setbacks; 3) . A Variance from providing on-site parking for a Two Family
dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family
dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking
spaces on the portion of the Accessory parking Lot shown on Parcels "A",
"B", "H", "I" and "J"; 4) . A Variance from the minimum required 6,000
sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft.
more or less; 5) . A Variance from providing the required Type "A"
Landscaping along the entire perimeter of said Parcel "H" to no
additional perimeter landscaping; 6) . A Variance from providing
perimeter landscape screening for the portion of a parking lot shown on
said Parcel "H" to providing no additional landscape screening.
The Variances requested for Parcel "H" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
and yard setbacks for lot improvements such as existing sidewalks,
driveways and parking spaces for the different land uses. The Variances
also allow for flexibility in not being required to plant additional
landscaping along the perimeter of the lot or for additional screening
for the existing parking lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
PARCEL "I" (518 Rush Street) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 518 Rush Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance; B) . Approval of a Special Exception to be allowed to
use a portion property at 518 Rush Street, South Bend, Indiana per
Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance
for an Accessory Parking Lot.
The Special Exceptions are being requested to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family hoine. The second Special Exception request is to allow
20
for a portion of the existing parking lot to be allowed on the proposed
parcel.
The Petitioner would ask the Board Members to agree that approval of
the Special Exception to allow the parcel to be used for either multi-
family or single-family use and approval of the Special exception for a
portion of the site to be used for an Accessory Use for parking, would
not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed uses will be consistent with the character of the district in
which they are located and the land uses authorized therein, and that
the proposed uses are compatible with the recommendations of the City of
South Bend Comprehensive plan, all of which is requested by the South
Bend Municipal Code � 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum re ired 60 ft. of Fronta e on a Public
4� 4
Right-of-way for a Single Family Dwelling Lot to a minimum of 30.50 feet
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 30.50 feet more or less; 3) . A Variance from
the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft.
Wide Side-yard setback along the North and South property lines as shown
and be allowed to have sidewalks in said Side-yard setbacks; 4) . A
Variance from providing on-site parking for a Two Family dwelling (i.e.
4 parking spaces) , or on-site parking for a Single Family dwelling (i.e.
1 parking space) , to have a minimum of one (1) parking space on the
portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I"
and "J"; 5) . A Variance from the minimum required 6,000 sq.ft. for a
Single Family Dwelling Lot to a minimum of 4,080 sq.ft. more or less;
6) . A Variance from providing the required Type "A" Landscaping along
the entire perimeter of said Parcel "I" to no additional perimeter
landscaping; 7) . A Variance from providing perimeter landscape screening
for the portion of a parking lot shown on said Parcel "I" to providing
no additional landscape screening.
The Variances requested for Parcel "I" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
and yard setbacks for lot improvements such as existing sidewalks,
driveways and parking spaces for the different land uses. The Variances
also allow for flexibility in not being required to plant additional
landscaping along the perimeter of the lot or for additional screening
for the existing parking lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
21
PARCEL "J" (514 Rush Street) :
SPECIAL EXCEPTION REQUESTS:
A) . Approval of a Special Exception to be allowed to have the option to
use property for a Single Family Dwelling for 514 Rush Street, South
Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend
Zoning Ordinance; B) . Approval of a Special Exception to be allowed to
use a portion property at 514 Rush Street, South Bend, Indiana per
Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance
for an Accessory Parking Lot.
The Special Exceptions are being requested to allow for the existing
home on this parcel to be used for either a residential Duplex dwelling
or single-family home. The second Special Exception request is to allow
for a portion of the existing parking lot to be allowed on the proposed
parcel.
The Petitioners and the contingent purchasers would ask the Board
Members to agree that approval of the Special Exception to allow the
parcel to be used for either multi-family or single-family use and
approval of the Special exception for a portion of the site to be used
for an Accessory Use for parking, would not be injurious to the public
health, safety, comfort, community moral standards, convenience or
general welfare, or injure or adversely affect the use of the adjacent
area or property values therein, and that the proposed uses will be
consistent with the character of the district in which they are located
and the land uses authorized therein, and that the proposed uses are
compatible with the recommendations of the City of South Bend
Comprehensive plan, all of which is requested by the South Bend
Municipal Code § 21-09.03 (i) .
VARIANCE REQUESTS:
1) . A Variance from the Minimum required 60 ft. of Frontage on a Public
Right-of-way for a Single Family Dwelling Lot to a minimum of 35.92 fee�
more or less; 2) . A Variance from the Minimum required 50 ft. of
Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1
District to a minimum of 35. 92 feet more or less; 3) . A Variance from
the required minimum 6 ft. wide Side-yard setback to a minimum of a 4
ft. Wide Side-yard setback along the South property line and be allowed
to have sidewalks and drives in both and the North and South Side-yard
setbacks; 4) . A Variance from providing on-site parking for a Two Family
dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family
dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking
spaces on the portion of the Accessory parking Lot shoran on Parcels "A"
��B", ��H", "I" and "J"; 5) . A Variance from the minimum required 6,000
sq.ft. for a Single Family Dwelling Lot to a minimum of 4,750 sq.ft.
more or less; 6) . A Variance from providing the required Type "A"
Landscaping along the entire perimeter of said Parcel "J" to no
additional perimeter landscaping; 7) . A Variance from providing
22
perimeter landscape screening for the portion of a parking lot shown on
said Parcel "J" to providing no additional landscape screening.
The Variances requested for Parcel "J" will allow for the parcel to
be used for a residential Duplex dwelling or a single-family home. The
requested Variances reflect the minimum required lot sizes, frontages,
and yard setbacks for lot improvements such as existing sidewalks,
driveways and parking spaces for the different land uses. The Variances
also allow for flexibility in not being required to plant additional
landscaping along the perimeter of the lot or for additional screening
for the existing parking lot.
The Petitioner believes that approval of the above Variances for this
parcel for residential development will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
Variance request for Accessory Parking Lot located on Parcels "A", "B",
"H", "I" and "J":
1) . From the requirement of providing a minimum 24 ft. wide parking lot
aisleway to a minimum of 14 feet wide for an existing parking lot.
The Petitioner is asking for approval of this request, as the parking
lot shown has existed for the past several years. The paved area has
worked to allow for cars to enter and exit the lot. They would ask to be
allowed to continue to use the existing parking lot without having to
widen the driveway. The Petitioners do not believe the approval of this
Variance request would have a detrimental affect on any adjacent
property.
The Petitioner would ask the Board Members to agree that approval of
the above described Special Exceptions and Variances will not have a
detrimental affect for this area, nor would the property values,
public's health, safety, morals, or general welfare be adversely
affected.
The Petitioner contends that the strict application of the terms of
the Zoning ordinance will constitute an unusual and unnecessary hardship
as applied to the property for which the Special Exceptions and
Variances are sought: that the need for the Special Exceptions and
Variances arises from such condition peculiar to the property in the
same Zone: and that the use or value of the area adjacent to the
property described in the petition for the Special Exceptions and
Variances will not be injurious to the public health, Safety, morals, or
general welfare of the community.
I attest, under he penalties for perjury, that the foregoing
representations t
Mic ael J. Danch
President
Danch, Harner & Associates, Inc.
Property Owners
Within 300 Feet
5 Star Investment Group ill LLC James& Fern Jewel Naji Quddoura
PO Box 706 612 Rush Street 50712 Mercury Dr
Middiebury, IN. 46540 South Bend, IN. 46601 Granger, IN. 46530
Tax Key#018 3031 1151 Tax Key#018 3031 1148 Tax Key#018 3031 1168
Verl Sheets Neai Nowak Leathea Hardin
631 LincoinWay East 521 River Av 512 E South St
South Bend, IN. 46601 South Bend, IN.46601 South Bend, IN. 46601
Tax Key#018 3030 1097 Tax Key#018 3039 1503 Tax Key#018 3031 1153
Marian Delgado James & Fern Jewell Teachers Credit Union
516 E South 3602 S Ironwood Dr. 110 S Main
South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46601
Tax Key#018 3031 1150 Tax Key#018 3031 1147 Tax Key#018 3031 1146
Nuvo Visions LLC . Amir Coley Michael &John Chester
PO Box 1048 PO Box 852 616 E South
Citra, FL. 32113 South Bend, IN. 46601 South Bend, IN. 46601
I� Tax Key#018 3031 1144 Tax Key# 18 3031 1141 Tax Key#018 3031 1140
� St.Joseph County Financial Intelligence Group Inc. Juanita Derda
County City Building 10905 183rd 1255 W Bertrand Rd.
South Bend, IN.46601 Cerritos, CA. 90703 Niles, MI. 49120
Tax Key#018 3031 1139 Tax Key#018 3031 1196 Tax Key#018 3030 1118
South Bend Redevelopment Authority Eugene &Alice Henry Gregory&Stepaine Merryfield
1200 County City Bldg. 537 River Av 620 Clinton
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46618
Tax Key#018 3030 1119 Tax Key#018 3039 1514 Tax Key#018 3031 1191
City of South Bend Redevelopment Josphat Wainaina &Joyce Ngugi South Bend Redevelopment
1200 County City Bldg 8894 Harvest Hill Way 1200 County City Building
South Bend, IN. 46601 Elk Grove, CA. 95624 South Bend, IN. 46601
Tax Key#018 3030 1138 Tax Key#018 3039 1525 Tax Key#018 3030 1137
Plymouth Park Tax Services LLC James Griffin Joyce Hantuba
115 S Jefferson D-4 601 E South 4310 River Bend PL
Whippany, NJ. 07981 South Bend, IN. 46601 Savage, MN. 55378
Tax Key#018 3030 1130 Tax Key#018 3030 1131 Tax Key#018 3039 1521
Josphat Wainaina &Joyce Ngugi Madrina Owens
8894 Harvest Hill Way 615 Clinton Kevin & Dorothy McMahon
Elk Grove. CA. 95624 South Bend, IN. 46601 15663 Fieldcrest Ct.
Tax Key#018 3039 1529 Tax Key#018 3031 1187 Granger, IN. 46530
Tax Key#018 3031 1179
Madrina Owens Zina Brown Lara Properties Corporation
615 Clinton 1616 Clinton St 1324 W Western Ave
South Bend, IN. 46618 South Bend, IN. 46601 South Bend, IN. 46619
Tax Key#018 3031 1186 Tax Key#018 3031 1190 Tax Key#018 3031 1195
Sunrise Atlantic Corp. Reynaldo Hernandez& Glenda Rae Santos Emmanuel Delos
PO Box 5707 Wilkie 708 E South
Fort Lauderdale, IN. 33310 702 E South St South Bend, IN. 46601
Tax Key#018 3039 1531 South Bend, IN. 46601 Tax Key#018 3031 1169
Tax Kpv#�1R�f1�1 117��1
Reynaldo&Gienda Rae Hernandez Naji Quddoura Eytihia Arges
702 E South 50712 Mercury Dr 2043 South Bend Ave. # 145 �
South Bend, IN. 46601 Granger, IN. 46530 South Bend, IN. 46637
Tax Key#018 3031 1170 Tax Key#018 3031 1165 Tax Key#018 3039 1533
Joseph Dixon Yates Gus Thaumatur Inc. Joseph Dixon Yates
612 Clinotn St 3019 S Michigan 612 Clinton St
South Bend, IN.46601 South Bend, IN. 46614 South Bend, IN. 46601
Tax Key#018 3031 1171 Tax Key#018 3031 1152 Tax Key#018 3031 117002
CPT REO LLC Naji Quddoura Hany Abdel-Shahid
1223 N Rock Rd. BIdg.E Suite 200 50712 Mercury Dr 58078 Pear Rd
Wichita, KS 67206 Granger, IN.46530 South Bend, IN. 46619
Tax Key#018 3031 1143 Tax Key#018 3031 1167 Tax Key#018 3031 1145
Amir Coley Naji Quddoura James Burke
PO Box 852 50712 Mercury Dr 721 LincolnWay East
South Bend, IN. 46601 Granger, IN. 46530 South Bend, IN. 46616
Tax Key#018 3031 1142 Tax Key#018 3031 1166 Tax Key#018 3039 1541
South Bend Redevelopment City of South Bend Redevelopment City of South Bend Redevelopment
�, 1200 County City Bldg 1200 County City Bldg 1200 County City Bldg
'' South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601
Tax Key#018 3030 1134 Tax Key#018 3030 1128 Tax Key#018 3030 1135
City of South Bend Redevelopment Karen Urbacke City of South Bend Redevelopment
1200 County City Bldg 521 E South St 1200 County City Bldg
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN.46601
Tax Key#018 3030 1136 Tax Key#018 3030 1126 Tax Key#018 3030 1127
Lynn Patrick FUJAE Steven Kurtz
510 River Ave PO Box 4342 553 River Ave
South Bend, IN.46601 South Bend, IN. 46634 South Bend, IN. 46618
Tax Key#018 3039 1530 Tax Key#018 3030 1129 Tax Key#018 3039 1532
James& Keri McCormick Brian Alan Rupert Mike Neal
815 Arch Ave 525 River Ave 148 N 29th St
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46615
Tax Key#018 3039 1526 Tax Key#018 3039 1509 Tax Key#018 3030 1100
Diane Erdman 701 Land Trust South Bend Redevelopment
10186 Charles St 701 LincolnWay East County City Building
Osceola, IN. 46561 South Bend, IN. 46616 South Bend, IN. 46601
Tax Key#018 3030 1096 Tax Key#018 3039 1517 Tax Key#018 3029 1073
Thomas & Dorothy Compon South Bend Redevelopment South Bend Redevelopment
80 Adina Court 1200 County City Building 1200 County City Buiiding
Lafayette, IN. 47905 South Bend, IN. 46601 South Bend, IN. 46601
Tax Key#018 3039 1522 Tax Key#018 3030 1132 Tax Key#018 3030 1133
Verl Sheets Jakov Adler Eugene Cieplinski
601 E Bronson St 18 A Kubovy St 533 River Ave
South Bend, IN. 46601 Jerusalem, Israel 96757 South Bend, IN. 46601
Tax Key#018 3030 1099 Tax Key#018 3039 1518 Tax Key#018 3039 1511
Brian Alan Rupert South Bend Leased Housing Ronald & Elizabeth DeWinter
525 River Ave Associate 602 LincolnWay E.
South Bend, IN. 46601 2905 Northwest Blvd. Suite 150 South Bend, IN.46601
Tax Key#018 3039 1506 Minneapolis, MN. 55441 Tax Key#018 3030 1114
TaX KP�#n�R �n�n �a m
Leah Zimmer John &Sarah Sehorn Department of Redevelopment
517 River Avenue 513 River Ave County City Building
South Bend, IN. 46601 South Bend, IN. 46618 South Bend, IN. 46601
Tax Key#018 3039 1500 Tax Key#018 3039 1497 Tax Key#018 3029 1069
International Constructor Co City of South Bend Redevelopment South Bend Redevelopment
11711 N Meridian St. Suite 528 County City Building 1200 County City Bldg
Carmel, IN. 46032 South Bend, IN. 46601 South Bend, iN. 46601
Tax Key#018 3090 3483 Tax Key#018 3029 1068 Tax Key#018 3030 1137
Plymouth Park Tax Services LLC James Griffen Reynaldo Hernandez& Glenda Rae
115 S Jefferson Bldg. D-4 601 E South Wilkie
Whippany, NJ. 07981 South Bend, IN. 46601 702 E South St
Tax Key#018 3030 1130 Tax Key#018 3030 1131 South Bend, IN. 46601
� Tax KPV#�1R 3�R1 117(l(l1
Emmanuel Santos Delos Reynaldo& Glenda Rae Hernandez Amir Coley
708 E South St 702 E. South PO Box 852
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN.46601
Tax Key#018 3031 1169 Tax Key#018 3031 1170 • Tax Key#018 3031 1142
South Bend Redevelopment City of South Bend South Bend Redeveloment Authority
1200 County City Bldg 1200 County City Building 1200 County City Building
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN.46601
Tax Key#018 3030 1134 Tax Key#018 3030 1128 Tax Key#018 3030 1135
South Bend Redeveloment Authority Karen Urbacke South Bend Redeveloment Authority
1200 County City Building 521 E South St 1200 County City Building
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601
Tax Key#018 3030 1136 Tax Key#018 3030 1126 Tax Key#018 3030 1127
` v
South Bend Redevelopment Veri Sheets Verl Sheets
1200 County City Bldg 601 E Bronson St 631 LincolnWay East
South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601
Tax Key#018 3029 1072 Tax�Key#018 3030 1099 Tax Key#018 3030 1098
CASP Enterprises LTD
1621 Oakwood Ct
Bowling Green, OH. 43402
Tax Key#018 3030 1091
AREA BOARD OF ZONING APPEALS �
l25 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 4660]
(574) 235-9554
FAx: (574) 235-5541
October 6, 2011
' The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
ABZA 10/5/11 �
Dear Council Members:
The above referenced petition of South Bend Redevelopment Authority was legally advertised on
September 15, 2011. The Area Board of Zoning Appeals gave it a public hearing on October 5, 2011, at
which time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the
petition for Special Exception to allow for the option of a single family dwelling on property
located at 618,622,626,636 Lincolnway East and vacant land east and adjacent to 701 South St.
and 611, 613, 702 South St. and 514 & 518 Rust St. and a Special Exception to be allowed to use a
portion of the properties as an accessory parking lot on properties located at 618, 622 Lincolnway
. East, 611 South Street and 514 & 518 Rush St. is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning�ppeals 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.
Sincerely, `
.�
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah