HomeMy WebLinkAbout18-56 Petition of the Area Board of Zoning Appeals for the property located at 340 E Colfax Ave BILL NO. 18-56 Filed in Clerk's Office
RESOLUTION NO. SEP 19 2018
A RESOLUTION OF THE COMMON COUNCIL OF 'U( UTH BEND,IN
SOUTH BEND, INDIANA,APPROVING A PETITION OF
THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
340 E COLFAX AVE
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 HYDRO-DAM ELECTRIC UTILITY FACILITY
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
. ..� 'ED -
CITY OF SOUTH BEND
PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE SEP 14 2018
PROPERTY INFORMATION:
The property Tax Key Number(s) is/are: 018-5001-000203, 018-5001-001301, 018-5001-000501, 018-5001-0013,
018-5001-0005
The property address:
Address: 340 East Colfax Avenue,
South Bend, Indiana 16601
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: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East,
City of South Bend, Portage Township, St. Joseph County, Indiana which is described as: Lot# 1 of the proposed
Plat of"Seitz Park Minor Subdivision. Containing 1.75 Acres more or less. Subject to all legal highways,
easements and restrictions of record
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:
For Parcel "A":
1). From the required 5 ft. mininmm Side yard setback along the North property to 2 ft.;
2). From the minimum Front Fagade Height-in elevation view from the street fronatge, twenty-two (22)feet to
a minmiunrn often (10)feet for both shown buildings;
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: The Petitioners desire to make major improvements to the property presently known as
Seitz Park. The property is located between the St. Joseph River on the West and South, with the East
Race Waterway on the East, new Commercial/Residential development on the North and the Stephenson
Mills Apartment building located to the Northeast of the petition site. Also proposed on this property is a
unique use being proposed by the University of Notre Dame which is a private hydro-dam electric utility
facility. This facility will be under the proposed park improvements. The University will have a long-term
lease agreement to operate the facility on the Park's Department property. The two building structures
shown on the site, will be used by the proposed uses. The building along the North property line is for use
of equipment related to the proposed hydro-dam electric nrtility .facility. The building shown at the
Northeast corner of the site will be a new restroan facility for the park. Representatives for the owner
and the University met with the Plan Commission staffto discuss the project to determine the process
required for its approval. Based on those discussions it was determined that a few Variances would be
needed for the proposed buildings and a Special Exeption would be required for the proposed private
hydro-dam electric utility facility.
(b) The proposed variances are to cover the two buildings shown on the attached site plan. For the request
for the Side yard setback from the required 5 f1. the building is shown at 2 fi. 777is location for the
building works for the proposed in frastructure for the underground water channels,funneling waterfront
the river to the turbines generating power for the facilty. This is part of an overall development for the
park site as iwell as an adjacent parking lot shown to the North of the park site. This parking lot will serve
the Stephenson Mill Apartment building. The plan shows that to the North of the proposed building will
be a parking lot aisleway and curbing which will provide access to the parking spaces.As part of this
overall development new lot lines will be created as shown. If required, a maintenance easement will be
placed to asure that all sides of the proposed building can be maintained The second variance is to
allow for a height variance for the two proposed buildings from the mininnumn required 22 feet to 10 feet.
This requirement is in the Ordinance, but it as envisioned for buildings being placed along major public
streets. This site has Ghttz Avenue as the public street. The owners are presently in discussions to decide
whether to vacate a portion of this public street which would have it end at the south line of of the lot
containing the Stephenson Mills Apartment building. If that happens the requested variance would not be
needed. But as of now this public street exists and the buildings proposed are visible from it. To be
conservative it was decided to request the variance now. The requested variances should not have a
detrimental effect on the public's health, safety or welfare.
(c) 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 proposed project will be used as a public park. The site presently
is used as a park. Approval of the requested variances for this project should not adversely affect any
surrounding property.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: In this case, the Petitioners would note that they have attempted to mitigate the proposed
variance for the side yard building setback They believe their solution does meet the intent of the City's
Ordinances. For the height of the faVade visible from the public street, the Petitoners believe they have
explained the uniqueness of the site and the placement of the buildings. They have also noted that at a
point in the future a portion of the public street may be vacated which would make the one variance un-
necessaty. This small side street is used minimally by the public. The Petitioners do not believe approval
of any requested variance in this Petition will have a negative impact on any surrounding property or be
detrimental to the existing neighborhood.
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 : Private Hydro-dam Electric Utility Facility.
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 placentent of the proposed facility will be beneath the proposed
iniproventenis for Seitz Park as shown on the attached site plan. This proposed facility is intended to
supply additonal electric power to the Unitsity of Notre Dame Campus as a sustainable supply of clean
power. The placement of the facility should have no deterintentrial effect on the public, community or
surrounding properties.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: As mentioned above, the proposed facility will be placed under the proposed park improvements.
This use is compatible with its location to the St. Joseph River. Its placentent should not have an adverse
affect on the proposed park improvements, or the adjacent mired uses of contmercial facilities, and
residential uses or the East Race Waterway.
(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 private hydro-dam electric facility is consistent within the
district as the site is located along the St.Joseph River. This is needed to supply the proposed use with the
resource to run the facility. This 1}pe of use is typically located along a waterway curd specially-where
there already is an existing dam structure.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The proposed use is not specifically noted in the City's Comprehensive Plan, but due to the type of
use, its location would most likey be considered appropriate for the City Plan. This use is consistent with
the historical use of this section of the St.Joseph River to supply energy to the nearby entities.
* In the case of a Special Exception Use,the petitioner shall be held to the representations ma e on°tlWe k6'lirh-inar°
Site Plan included with this petition.
SEP I 42018 i
I
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
City of South Bend Park Department Board of Park Commissioners of South Bend
321 East Walter Street 321 East Walter Street
South Bend, Indiana 46614 South Bend, Indiana 46614
574-299-4765 574-299-4765
E-Mail Address:N/A E-Mail Address:N/A
Department of Redevelopment
Suite 1400 South-County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
574-235-5836
E-Mail Address:N/A
Name and address of additional property owners, if applicable:
Name and address of petitioner(s), if different than the petitioner):
Name:N/A
Address
City, State Zip Code
Phone number with Area Code
E-Mail Address
Name and address of additional property owners, if applicable:
CONTACT PERSON:
Michael Danch-Danch, Harner&Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
574-234-4003.
nidanch@danchharner.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY
COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION.
Signature(s)of all property owner(s):
SEP 1 42010
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