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HomeMy WebLinkAboutSpecial Exception - 145 Northside Blvd. and to the West of 947 Louise StreetRESOLUTION 4141 -11 Passed by the Common Council of the City of South Bend, Indiana December 12, Attest: 20 11 Presented by me to the Mayor of the City of South Bend, Indiana December 13, 20 11 City Clerk President of Common Council Approved and signed by me U,1� oo 20 . City Clerk RESOLUTION NO. Lj t q l - 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 TO THE NORTH OF 1145 NORTHSIDE BLVD. AND TO THE WEST OF 947 LOUISE STREET WITH A PARCEL ID OF: 018- 6014 - 031802 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 South Bend 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 Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property with a Parcel ID of 018- 6014- 031802 in order to permit the special use of Outdoor Recreational Uses within the Community Business zoning to allow the YMCA to use all or a portion of the parcel for playing fields for such activities as soccer and baseball. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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 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 City of South Bend Comprehensive plan; 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. PRESENTED 1 'L �."'� � NOT APPROVED WDOPTECi r Member of the Common Council TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11 -63 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 TO THE NORTH OF 1145 NORTHSIDE BLVD. AND TO THE WEST OF 947 LOUISE STREET WITH A PARCEL ID OF 018 -6014- 031802 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 and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole Dear Members of the Area Board of Zoning Appeals, I, Corey Cressy, petition to have a variance on the property located at 1145 Northside Blvd. South Bend, IN 46615 with a parcel number of 018 -6014 -0319 that would allow for 29 parking spots rather than the required 135 parking spots. This is requested because petitioner has entered into a License Agreement with the YMCA to use approximately 133 of their parking spots. I also petition to have the perimeter landscape requirements be as shown on the attached site plan and that. no landscaping be required on the south face of the building for this parcel. I also petition to have a special use on the adjacent vacant ground to the north with a parcel number of 018- 6014 - 031802 to allow for Outdoor Recreational Uses within the Community Business zoning so that the YMCA can continue to use all or a portion of this ground for playing fields or for outdoor receptions. This parcel is currently zoned Mixed Use but I have petitioned to rezone this parcel to Community Business to keep it consistent with 1145 Northside Blvd. which I have under contract to purchase. I also petition to have the perimeter landscape requirements be as shown on the attached site plan for this parcel. My address is 3930 Edison Lakes Pkwy. Ste. 200 Mishawaka, IN 46545 and my phone number is 574- 485 -1513. I am the trustee for the Corey D. Cressy Revocable Trust which is the contingent purchaser of both of the properties and I will be presenting the petition. The current owner of 1145 Northside Blvd. South Bend, IN 46615 with a parcel number of 018- 6014 -0319 is Hershey Properties LLC with an address of 68555 Oak Rd. Lakeville, IN 46536. Their number is 574- 210 -5251. The current owner of parcel number of 018 - 6014 - 031802 is YMCA with an address of 1201 Northside Blvd. South Bend, IN 46615. Their number is 574- 287 -9622. Approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the contingent purchaser has come to an agreement with the adjacent property owner (YMCA) to share their parking to accommodate for any parking that can not be accommodated on 1145 Northside Blvd. Also, the adjacent property owners' hours of operation will not be the same as that-of a reception hall. Also, the special use allowing the YMCA to use the vacant land as playing fields will not be injurious to the public health, safety, morals, and general welfare of the community because that is what it is currently used .for. The use and value of the area adjacent to the property included in the variance will not be affected in an adverse manner because proposed improvements to the building and landscaping will add value to the adjacent properties. Converting this building to a reception hall should also help to raise awareness of the Farmer's Market and YMCA and hopefully help both of those groups. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property because it would require paving playing fields for parking when there is already abundant parking at the YMCA. The property is currently zoned Light Industrial but I am petitioning for the property to be rezoned to Community Business to allow for a reception hall. The property lies in Portage Township. Sincerely, v Cor D. Cressy the FOR YOUTH DEVELOPMENT c� FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY November 1St, 2011 To: Board of Zoning Appeals From: Dan Asleson, President /CEO YMCA of Michiana, Inc. RE: Parking Variance 1145 Northside Blvd. Dear Members of the Board of Zoning Appeals, I am -writing this letter in support of Corey Cressy's requested parking variance of 1145 Northside Blvd. He has provided to us a License Agreement in which we would grant him the ability to park on our parcels D & E, which contain over 130 parking spots in exchange for us being able to use Parcel A for outdoor recreation. Although we have not signed off on this agreement, we find it to be generally agreeable and are working in good faith with Corey to finalize this agreement. The License Agreement will need to be approved by our Board of Directors and reviewed by our Board of Trustees. Our next board meeting is scheduled for November 16tH Thera_ nk you, Dan Asleson President /CEO YMCA of Michiana, Inc. YMCA of Michiana, Inc. 1201 Northside Boulevard, South Bend, Indiana 46615 P 574 287 9622 F 574 282 3752 .www.michianaymca.org