HomeMy WebLinkAbout18-55 Petition of the Area Board of Zoning Appeals for property located at 1715 S. Dale and 1717 S. Dale Filed in ClerWs Office
BILL NO. 18-55 SEP 19 2018
RESOLUTION NO. G L`!_„„_R 3_-� ``_33___1_M1.1 _nI
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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
1715 S. DALE AND 1717 S. DALE
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:
1715 S. DALE AND 1717 S. DALE
In order to permit a TWO FAMILY DWELLING
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
CITY OF SOUTH BEND
PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE
PROPERTY INFORMATION:
The property Tax Key Number(s) is/are: 018-7054-2044 and 018-7054-2045
The property address:
1715 S Dale Ave, South Bend IN 46613 S F P 13 2018
1717 S Dale Ave, South Bend IN 46613
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:
*1715 S Dale - 33 Ft NEnd Lot 89 90 Oak Park 2nd Add
*1717 S Dale -38 Ft Mid Pt Lots 89-90 Oak Park 2nd Add
VARIANCE INFORMATION:
List each variance being requested. The variance request must specifically list the requirement and the desired
request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on
our website. Please conact the Staff if you need assistance.
1)Insert list of variances.
*From the Minimum Lot Area for Two Family Dwellings of 6000'square feet to 5540'square feet.
*From the required 25'Minimum Front Yard and Building Setback to 15'
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: Yes, The approval will not be injurious to the public health, safety, morals and general
welfare. We have 80 ft to work with. A rear yard variance would allow a full size vehicle to park in the
driveway.
(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: Yes. The use and value of the area adjacent to the property included
in the variance will not be affected in a substantially adverse manner. The smaller Rear Yard will be
made up by a normal sized front yard. A fense in the backyard could help
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: Yes. The strict application of the terms of this Ordinance would mean a smaller house.A
slightly smaller yard would ensure comfort and space inside the house.
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 : Construct duplex townhouse on two adjacent lots. 1715 S
Dale Ave & 1717 S Dale Ave
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: The proposed use will provide new and safe housing for two families
(c) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The proposed use will help improve the values in the area. The proposed use will also help fill
the empty lot's in the south side.
(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 use will be new and bold but consistent with the character
of the district. The proposed use will also compliment the surrounding houses, schools, churches and
businesses.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Yes. "The study by Zimmerman/Volk Associates, a housing consultingfirm, says the south,
northwest and west sides of South Bend can absorb a total of 180 and 230 new "missing middle"housing
units annually. The city has plenty of space for smaller housing projects in areas where builders haven't
always looked, the study says. The apartments recommended by the study would range in rent prices of
$450 to$900 per month, and condominium purchase prices could land between $70,000 and$165,000.
Volk believes that South Bend's patchwork of vacant lots, many bordered by existing homes, is prime territory
for smaller developers to build on, in addition to renovating vacant or dilapidated homes."
* 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.
i
4ILED -
JUL 12 2018
i
I
SEP 13 2018
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
2010 Investment Group LLC C/O David Njoroge
3131 Springbrook Dr
South Bend, IN
574.210.9633
dnjoroge55@yahoo.com
Name and address of additional property owners, if applicable:
Name and address of petitioner(s), if different than the petitioner):
Name
Address
City, State Zip Code
Phone number with Area Code
E-Mail Address
Name and address of additional property owners, if applicable:
CONTACT PERSON:
David Njoroge-2010 Investment Group LLC
3131 Springbrook Drive
South Bend, IN 46614
574.210.9633
dnjoroge55@yahoo.com
BY SIGNING THIS PETITION,THE PETTTIONERS/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):
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