Loading...
HomeMy WebLinkAboutSpecial Exception - 515 S. St. Joseph St. - Michael J. Baxter (Catholic Worker of Michiana, Inc.)RESOLUTION 3597-06 Passed by the Common Council of the City of South Bend, Indiana June 12, 20 06 Attest: s Presented by me to the Mayor of the City of South Bend, Indiana June 13, 20 06 ~ A ~ Approved and signed by me ~ u n e 13 , 20 0 6 , Ul, <~c. a City Clerk City Clerk President of Common Council ~' RESOLUTION NO. ~ ~ ~~ ~ ~b A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 515 S. St. Joseph St. 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 Boardof Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (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 wiring 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 located at: 515 S. St. Joseph St. in order to permit The approval of a Special Exception for a Group Residence in "MF1" zoning district. 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. '-~ ~ v l Member of Common Council ~~~i~e ~~eYk ~ F~~~d 1t~ ~ ~~~ ~~P~ PaESENTED ~ ~~ 2- -p ~ NO7 gppROVED ADOPTED ~ , l L- ~ ~ aQH~~vso E~~o,~ ~f~`l Cl.CYdC, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 515 S. ST. JOSEPH STREET 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. Karen L. White Chairman ~~ r BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME: Michael J. Baxter (and the Catholic Worker of Michiana, Inc.) ADDRESS: P.O. Box 4241 /South Bend, IN 46634 PHONE: (574) 514-8859 ADDRESS OF PROPERTY: 515 S. St. Joseph St. !South Bend, IN 46624 PRESENT ZONING OF PROPERTY: MF-1 OWNER'S NAME: same ADDRESS: same PHONE: same COUNSEL OR CONSULTANT: N/A PHONE: N/A ADDRESS: N/A NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a special exception to allow a group residence, and a variance from parking space requirements from four spaces to zero. Please see attached sheets for justification. I attest under the penalties for perjury that the foregoing representations are true. ~U~G~t/( Signature of Property Owner(s) Justification for Seeking a Special Exception as a Group Residence and a Variance of Parking Space Requirements for the property located at 515 S. St. Joseph St. South Bend, IN 46624 Submitted by Michael J. Baxter (and The Catholic Worker of Michiana, Inc.) P.O Box 4241 South Bend, IN 46634 (574)514-8859 The property in question is zoned MF-1. This petition seeks a special exception so that the house maybe used as a "group residence," and also a variance from parking requirements. Issues related to the special exception are taken up first. Issues related to the variance from the parking requirement are then taken up separately in a concluding paragraph. The house at 515 S. St. Joseph St. has three floors and a basement. On the first floor, there is a kitchen, a full bath, a living room, a dining room, and a parlor. On the second floor, there is one full bath, two large bedrooms, and a kitchenette area. On the third floor, there are two large bedrooms, one small bedroom, and commodious closet space. The basement has one room for a washer and drier, another room for two large furnaces, anther room that was probably used as a pantry, and another room that was originally used to store coal. The previously owner clearly planned to break the house up into two units. Not only are there two kitchen areas, but there is also an outside stairway entrance that opens directly into the kitchenette on the second floor. Use as a group residence will probably involve two or three community members plus six to eight guests, no more than ten or so people altogether. This does not exceed the normal use of this house by two average families, nor does it exceed the space requirements set forth in City of South Bend building code. As for the common life of the people in this house, it will involve coffee and breakfast together; being gone during the day (by 9:00 am) at work, looking for work, seeking social services, or other activities; returning in the late afternoon (at 5:00 pm), supper together, prayer, social time, and retiring by 11:30 pm. Although this will be a house of the Catholic Worker community, it will not be used for providing social services to homeless people. Rather, such service will be provided at the Catholic Worker's drop- in center on 744 Main Street, "Our Lady of the Road." In other words, this house will be simply a residence for a handful of people. 2 Regarding the four standards for special exceptions, these are listed separately and they are followed by a statement as to how this petition meets each of these standards. The first standard is that "the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare." This proposed use will not be injurious to the public for the following reasons. First, as regards public health, the proposed use will result in homeless people being able to live in this house rather than on the streets or with relatives or friends in possibly overcrowded conditions. Second, also regarding health, this use will give a few homeless people the time, energy, and wherewithal to address personal health issues, such as a broken leg (in the case of one Catholic Worker guest), a disabled hip (in the case of another Catholic Worker guest), a debilitating form of diabetes (in the case of yet another Catholic Worker guest), and so on. Third, as regards comfort, this proposed use is not injurious, inasmuch as it does not call for any more people living in this house than would be permitted under its MF-1 zoning. Fourth, as regards community moral standards, this proposed use is not injurious in that the moral standards of the people in the Catholic Worker community or their guests do not differ substantially from those who live in other homes in this or any other neighborhood. Fifth, as regards convenience, this proposed use is not injurious to the comfort of the public; to the contrary, if homeless people living on the streets is taken to be a matter of public inconvenience, then this proposed use will enhance, albeit in only a small way, the convenience of the public. As regards the general welfare of the public, this proposed use will enhance it, especially if we consider (as the Russian writer Fyodor Dostoevsky beckoned us to consider) that a society is to be judged on how well it cares for its weakest members. In these ways, this proposed use is not injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. So the first standard for granting a special exception is met. The second standard is that "the proposed use will not injure or adversely affect the use of the adjacent area or property values therein." This proposed use will not injure or adversely affect the use of the adjacent area or the property values therein, and this for several reasons. First, the owner of the property to the north of this property, a lawyer by the name of Mark J. Piasecki who uses his property for his law offices, has stated that he has no problem with the proposed use. Second, the property to the immediate west of this property consists of a vacant building. Third, the property to the southwest of this property consists of a vacant building. Fourth, the owner(s) of this property will make interior renovations to this building; this will enhance the value of this property and thus of the properties adjacent to it. Fifth, the owner(s) of this property will make considerable improvements to the yard by means of landscaping and regular upkeep; this will enhance the value of this property and thus of the properties adjacent to it. Sixth, the owner(s) of this property will be living in this house, thereby increasing the percentage of homeowners (as opposed to renters) in this area, which is likely to augment property values. Seventh, while it is true that a house in which six or so homeless people are living could lower property values, it is also true that many other properties in the immediate area also house people whose presence in the area, like homeless people, are thought to lower property values. Such properties include Dismas House, which is two 3 doors south of the proposed property, and which houses people getting out of jail; a half- way house across the street operated by Life Treatment Center, which serves as a house for people in recovering from addictions; and the Hope Rescue Mission, which is located about 150 feet from the proposed property. These projects have not adversely affected the values of properties in this neighborhood. To the contrary, the properties in this neighborhood have risen considerably in the recent years. Indeed, the market value of the property at 515 S. St. Joseph St. has almost doubled in the past two years. In other words, the property values in this neighborhood are rising and uses similar to the use being proposed here have not impeded this general trend. For these reasons, the second standard for granting a special exception is met. The third standard is that "the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein." The district in which this property is located and the land uses authorized therein are entirely consistent with the proposed use, in several respects. First, as mentioned above, there are several properties zoned MF-1 that are being used for similar purposes and thus enjoy a use in keeping with the special exception here proposed. Specifically, only two doors down from this property (at 521 S. St. Joseph St.), there is a half-way house called Dismas House. It provides a safe and affirming community environment for people coming out of prison who need a new start in life, much in the same way as the proposed use of this house will serve homeless people. In addition, across the street (at 524 S. St. Joseph Street), there is a half-way house operated by Life Treatment Center, which also seeks to provide a safe, affirming community environment for people striving to overcome addiction through long-term recovery. This too is similar to the purposes entailed in the proposed use of this property. In addition, behind this property and just to the south (on 532 S. Michigan Street), there is Hope Rescue Mission, which provides food, shelter, and prayer services to homeless people. This purpose is similar to the one entailed in this proposed use, although the present petition involves a much smaller use, indeed, only a handful of people. Finally, across the street from the property in question (on 518 S. St. Joseph St.), a house is being used by members of the Catholic Worker for a small number of homeless women. Second, several nearby properties zoned for multi-family use have been granted special exceptions for group residence use. Specifically, three doors down from 515 S. St. Joseph St. (on 523 S. St. Joseph St.), there is a house rented out each academic year to about eight college students. Moreover, four doors down (on 531 S. St. Joseph St.), there is a house that sits empty but has been granted a special exception as for use an educational facility. In addition, on the next block (614 S. St. Joseph St.), another house is rented out each academic year to about ten college students. One block to the east, yet another house is rented out each academic year to ten or more college students, who also enjoy de facto, group-residence living. Third, several properties near to the property on 515 S. St. Joseph St. are zoned for mixed or commercial use. They include: 517 S. S. St. Joseph St. (rear), immediately to the south of the proposed property; 511 S. St. Joseph St, the office of Mark J. Piasecki, 4 immediately to the north of the proposed property; the four vacant lots to the north of Mr. Piasecki's property, which are owned by Bfs Retail & Commercial Operations, Llc., of Nashville, Tennessee; 502 S. Michigan St., which is an auto repair shop; 512 S. Michigan St., which is a vacant lot; 516 S. Michigan St., which is a vacant building; 520-522 S. Michigan St., which is also a vacant building, 532 S. Michigan St., the Hope Rescue Mission; and 534 S. Michigan St., another auto repair and sales shop. Even a cursory survey makes it clear that the block on which the property in question is located is in large part amixed- or commercial-use block. As such, it is not inconsistent to allow a group residence on this block. Fourth, members of the Monroe Park Neighborhood Association have assured us that a Catholic Worker house or houses would be welcomed into this neighborhood and indeed would be a definite asset to it, for several reasons. For one thing, the Catholic Worker would be doing the bulk of its work with the homeless not in this neighborhood, but at its drop-in center, Our Lady of the Road, on 744 S. Main St. For another thing, the members of the Catholic Worker would be entering this neighborhood as homeowners, which is an asset in an area in which almost half of the real estate consists of rentals. And then there is the fact that many in the Neighborhood Association prefer to have the Catholic Worker in its neighborhood, if for no other reason than it would be a beneficial addition to the Neighborhood Organization and to the general life of the neighborhood. These assurances were given to members of the Catholic Worker in two separate meetings, one on March 4, 2006, at the regular monthly meeting of the Monroe Park Neighborhood Association, and one on March 20, 2006, at a special meeting convened for the specific purpose of talking with members of the Catholic Worker about their plans to move into this neighborhood. At both of these meetings, members of the Monroe Part Neighborhood Association gave their assurance to members of the Catholic Worker that the Catholic Worker's plan to use two properties on S. St. Joseph St. for hospitality to the homeless is consistent with other land uses in this district, and is indeed beneficial to the neighborhood as a whole. For these reasons (admittedly elaborate) reasons, the third standard for granting a special exception is met. The fourth standard for granting a special exception is that "the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan." This proposed use is compatible with the City plan in several respects. First, as regards the trends that prompted the City of South Bend to begin work in 2002 in the City Plan, one such trend is a decline in the City population. The proposed use will make it possible for a few homeless people, the majority of whom are long-term residents in South Bend, to remain in South Bend, to seek and find employment, and to attain the needed services. Second, as regards the trends that prompted the City of South Bend to begin work in 2002 in the City Plan, another such trend is that the population of South Bend is much more diverse than it was when the last city plan was formulated in 1961. The proposed use is in keeping with this increase in diversity, inasmuch as the Catholic Worker accepts people of any race, color, ethnic group, gender, sexual orientation, ability or disability, and religious creed (including those who profess none at all). Third, as regards the City Plan's guiding principle of "sustainability," the purchase of this house and its proposed use enhances the sustainability of this area. The previous owners of the property on 515 S. St. Joseph St., who reside in Indianapolis, intended to rent it out each year to students with property management to be handled by a local realty company. The present plan is for two or three members of the Catholic Worker community and some of its guests to live in this house long-term. (The same is true, by the way, of the property on 518 S. St. Joseph St., which the Catholic Worker has also recently purchased.) This will increase the percentage of homeowners, as opposed to renters, in the neighborhood, which is a crucial index of neighborhood stability and sustainability. Fourth, as regards the City Plan's guiding principle of "flexibility," the proposed use of this house falls well within the parameters indicated by this principle. The Monroe Park Neighborhood is comprised mainly ofsingle-family and multi-family dwellings, of which a high percentage (45%) are rental properties. Clearly, the neighborhood would be helped by increased family-dwelling use by homeowners. While the property at 515 S. St. Joseph St. does not fit this description entirely, inasmuch as it will not be occupied by a traditional family, the proposed use is nevertheless appropriate under the principle of flexibility for several reasons. The property is located on the very western edge of the Monroe Park Neighborhood and will not draw foot traffic or activity into the heart of the neighborhood. The property is bounded on three sides by properties zoned for mixed use or commercial use. The property is within 300 feet of at least four other properties that are approved for social-service-related use. The property is within 300 feet of at least three other properties that are zoned for multi-family use with a special exception for a communal living situation similar to the one indicated in the proposed special exception for group residence. In view of these facts, the principle of "flexibility" is warranted and applicable in this case. Fifth, as regards one of the elements of the City Plan, namely, the "Vision of South Bend in 2025" that was adopted by the Common Council on May 10, 2004 as part of the basis for the City Plan, the proposed use is compatible with this vision, in many respects. The vision calls for "diverse housing choices," and highlights "achievements of ethnic and racial harmony, volunteerism, philanthropy, and just and equal access to economic and social opportunities." The proposed use enables an important part of the population of South Bend, namely, homeless people, to pursue housing choices. There is story after story of guests of the Catholic Worker who have been able to move from there into their own homes. Moreover, people of diverse racial and ethnic groups living together under the same roof and sharing the same table promotes harmony. In addition, the proposed use will promote volunteerism, inasmuch as the Catholic Worker has select volunteers who assist in providing meals. Also, the Catholic Worker receives no funding from the Church, nor from federal, state, or local governments; it relies on personal donations. In this way philanthropy is promoted. Finally, the proposed use will foster 6 the just and equal access to economic and social opportunities, inasmuch as it enhances such access for a segment of the population who are often deprived of such access owing to purposeful stereotyping and popular prejudice, namely, the segment of the population of our City who are homeless. In sum, the proposed special exception for the property at 515 S. St. Joseph St. in the City of South Bend for use as a group residence meets all four standards set forth as principles for determining the worthiness of a petition for a special exception. On the matter of a variance for the requirement for parking space on this property, such a variance is warranted for three reasons. One, there will only be one, two or three members of the Catholic Worker community living at 515 S. St. Joseph St. In the event that all three own and drive cars and park them near this property, there is adequate space for three cars in the street in front of the house (the frontage extends for 49.5 feet). Two, the majority of guests living at 515 S. St. Joseph St. (in fact, almost all of them) will not have cars, as homeless people rarely have the money to fuel and maintain automobiles. Three, there will not be many Catholic Worker volunteers helping at the property on 515 S. St. Joseph St. Rather, volunteers will be working mainly at Our Lady of the Road on 744 S. Main St., where there is ample parking. 1~8-301fi~059J, ~ ~ ;~ ~ ,. ~. ~[ ~ -. !~ 1rR-~16-05.. ~ ~. - f ,~ Y ~,. `: ~ ~ ~. .r.~ 1'8=3086-3472 3 ~ ~~~ x .., , t ,,,_ , -. - r ,, z ~~ --..~ ~ ~ ~' J . - 18-3016-0600x- s ~ .~ ~ w .. ~ < Y'T QJ~F ~. ~ ' a -~-• _ t Y-J e w w x 1....,.~.~a.T,.~-......+..~- 1 / _ ~ ~ --- ~y1~Monru _ - - -- - ----ivt~~~r~e_-- --- ------ - ----- --- - - - -, - -- - - - ll , t ~, r - ,... y r" ~ [ ~r zi ~ r ~-~ ~ ~, 18`3020 07.15 1 ~ OZG a -r , i 0~0-0725 'rq,+='.~'~ ~ ~ _.~.:.~ ~ 183020 0713:1'8 3020'0714 r ' '~ ,~~, ~ `.18-307-0641~~ ,* a 18 3,020~07,1~6t 1 ~ ~ . ~ 1~8-3020 07,36 7'.~`" ti10 ~0~0-0726 to , ~ f r ~. 1'8 I l lr ~ i 1i,29 r ! ~ ~ ~ ~~ `+ - - n ~.ti~ ~. 3 ~ ~ ~ , ~- ~ ecj t a r. ,.., ~ ~~. a r~"- ~i ; ~~ t;-3020-0717 ;~' ",per ~~ ~ ~ 6 ,..~E...:~. k~. ) r c+,y 1c '020 0727 ,18 302f~ n ,~ ,.F ' - ~ ~y'y('? off'- ~I 1 ~F,~5 u ~ ._. ...z;, } r. _,.`q~ ~ ~ i fo ti -i 1 ~ ~~ r- r'^-;.j ~ .i '~~1`Y3 20~-07,~18~y~~A. `' V 4 ~~.'~,~ ~' ~.9 .- ,,jam' ~r ~~ r ,~~ ,18-3020-0739 1'8 Jl~ IA/-V~ ~ ~ ~ ~ ~ ~~~ ~.~. .R6.ti 7 ~ ~`Y~ ~ t s.: s.- .' ~~ '~ `~- 1o-~C1r -0646 f ~ } ) ;J`r. ,., ~ ,`emu t ,% ~~. ,.{ ~ ,~ l ~ ~~~ ~. ~ ,'~ .Y7 ~ ~ ': i .; ~, . ., ~ , r ~ . ~ ~ 1~ ~ 3 ' .~ .,._ ~~ ~ , «s,~x~ ~~ ~ ~ ~~ ~ .18-30200719 18 "02~,O~r1~101f ~"`~ 18-3020 0729 tl.~ ~~ 18'34 ~I 0740 s ~~ E r f5 ~~~ r .~r 1'8-3017 0649~~ t ~~ ~ ~ r >. ~ - ~ ~~ ~ ~y' Y e pp _ ,~, ~' ~ ~ r,. 1~;` r~ ~()~~"'(l r~ ~R ~ `r'', 18,3020 0-70 ~ 18'3020 ~ 1~1., .i %~ -.- tE ~~~lr U~,S4 - ~ ~ ~ i ~~.: ~-~: ~_.-..~~ :~ g.-..b-.,y~ 18-3017~06~~J'~~' «' ~ ~ ~,~ ~ '`, ~ ~ '~~ r~ 18-: ~~ 0 J744 r ~ i _- ~ ~ f~i"l U IJ; 1 ":~~ :r ~~ ~ 10~3G~C~I~:,.'1'r ,s'. ~'~, r. ~= ~ .18'3020 n aJ ' ~? x :%;'i . s S ~ 18-3017-067,1. r ~'~ e, ~ _ ~ ti ., -, ~~. t..-s r..u.. ,~ r-: ~, 1'd-3( zC~ n; ~~ 1 ~ ',0~0 0 :-_~' ,t~~ <? 1 ~ 30~U,O r ~ : ~ 18 3020 0734 -, ;- _ _, «.. f t r t,t.,,,,7 _' _ ~ ,~ A 1 - - t,~jl ~., ~ _~ r~~ ~ ~'~ ~:, T '~°- ,. 'r'jf<i rt. 1 -;li'1 it 4~+ ~ 18-3018"0575 ~ ~ ~ 1 ~; i ~~J~ 1~3 :~~ '~ ~18 30210748 1 ~>~~ ~~~~~~~. ~ ~ ~ 1~':-I~~ 1 0 (~1 ~~C' _(J~1-0769 '.~ ,yam _ ~ ~ t i ~ d ~ n'~ ~,-~_ 18 "031 ) 2~~' . ~' Portage Twp In(ormaoon shown on this map a not warranted far acwracy or merchantability. Reproduction of this material rs not possible v-nthout written permission of SL Joseph County, Indiana. Scale 1:100 ary 20,2006 aphy:Spring 2002 Raylene Stuglik Joseph County Auditofs Office 227 W. Jetterson Blvd. South Bend, Indiana 46601 Phone: (574)235-9463 1 NAMES AND ADDRESSES OF PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY IN PETITION: 515 S. ST. JOSEPH ST. 018-3086-3472 United States of America -Washington, D.C. Post Office South Bend, IN 46601 018-3017-0628 Kathryn Cenkush 6118 Oldham Ct. South Bend, IN 46614 018-3017-0629 Joe and Elaine Gendel 6118 Oldham Court South Bend, IN 46614 018-3017-0631 City of South Bend 517 E. Colfax Ave. South Bend, IN 46617 018-3017-0632 Foster A. and Linda L. Martin 15671 Wagon Wheel Court Granger, IN 46530 018-3017-0634 Axelberg & Burton LLC 525 South Michigan South Bend, IN 46601 018-3022-0803 Ssp Properties 1005 Meridian Plaza, Ste. A Anderson, IN 46016 018-3021-0748 Irvin and Minette Brown 1706 Inwqod Road South Bend, IN 46614 2 018-3021-0749 City of South Bend Board of Public Works Rm 1308 County-City Building South Bend, IN 46601 018-3021-0750 Randal Hoover 1516 Marietta Street South Bend, IN 46613 018-3017-0641 Bfs Retail & Commercial Operations Llc Attn: Tax Dept # 121134 535 Marriott Drive, 9t'' Floor Nashville, TN 37214 018-3017-0645 Prp Co. 19950 Kern Road South Bend, IN 46614 018-3017-0646 Gendel Surplus Sales, Inc. 6118 Oldham Court South Bend, IN 46614 018-3017-0649 Direct Mail Letter Service, Inc. 520-522 South Michigan St. South Bend, IN 46601 018-3017-0650 Rescue, Inc. Hope Rescue Mission 532 South Michigan St. South Bend, IN 46601 018-3017-0651 K & T Properties, Inc. (as Trustee of the Golden Age Land Trust) 534 S. Michigan St. South Bend, IN 46624 3 018-3020-0713 Bfs Retail & Commercial Operations, Llc 535 Marriott Drive 9`" Floor Nashville, TN 37214 018-3020-0714 Bfs Retail & Commercial Operations, Llc 535 Marriott Drive 9t" Floor Nashville, TN 37214 018-3020-0715 Bfs Retail & Commercial Operations, Llc Attn 535 Marriott Drive 9`" Floor Nashville, TN 37214 018-3020-0716 Bfs Retail & Commercial Operations Llc Attn 535 Marriott Drive 9t" Floor Nashville, TN 37214 018-3020-0717 Mark J. and Delphine P. Piasecki 2419 Bonds Avenue South Bend, IN 46628 018-3020-0719 Mark McDonald 1717 East Madison St. South Bend, IN 46617 018-3020-071901 John C. Roxy P.O. Box 1521 South Bend, IN 46634 018-3020-0720 Dismas, Inc. P.O. Box 4571 South Bend, IN 46634 4 018-3020-0721 GMW Investments, LLC 523 S. St. Joseph St. South Bend, IN 46601 018-3020-0722 Norman and Diane Northcutt 5037 Reo Avenue South Bend, IN 46619 018-3020-0723 531 Land Trust P.O. Box 1514 South Bend, IN 46680 018-3020-0724 Robert L. & Bernadene Schultz 228 Williams St. Plymouth, IN 46563 018-3020-0725 Robert L. & Bernadene E. Schultz 228 Williams St. Plymouth, IN 46563 018-3020-0726 Housing Development Corporation of St. Joseph County 227 W. Jefferson Blvd., 12`" Floor South Bend, IN 46601 018-3020-0727 Cottage One Properties, Inc. c/o J. Berndt 30204 Old US 20 West Elkhart, IN 46514 018-3020-0728 Demond A. and Rebecca T. Pettit 516 S. St. Joseph St. South Bend, IN 46601 018-3020-0729 GMW Investments LLC 518 S. St. Joseph St. South Bend, IN 46628 5 018-3020-0730 Percy C Iii Sinclair 54276 Terrace Lane South Bend, IN 46635 018-3020-0731 Life Treatment Centers, Inc. 1402 S. Michigan St. South Bend, IN 46613 018-3020-0732 Paramount Properties, Inc. P.O. Box 4464 South Bend, IN 46634 018-3020-0733 Federal Home Load Mortgage (1/2004 Prob Deed Prob Letter 9/03 Wrong Legal) 4609 W. Wood Center Drive Vienna, VA 22182 018-3020-0734 Expedited Credit LLC 19145 Glendale Avenue South Bend, IN 46637 018-3020-0735 Prosperity Properties 30586 Old US 20 Elkhart, IN 46514 018-3020-0736 Prosperity Properties 30586 Old US 20 Elkhart, IN 46514 018-3020-0737 Prosperity Properties 30586 Old US 20 Elkhart, IN 46514 018-3020-0739 Theresa A. & Dawn M. Phelps P.O. Box 946 South Bend, IN 46624 6 018-3020-0740 Kent H. Anderson 517 S. Carroll St. South Bend, IN 46613 18-3020-0741 John C. Roxy P.O. Box 1521 South Bend, IN 46634 18-3020-0743 Lois M. Crachy (Revoc Trust May 1997) 124 S. Varsity South Bend, IN 46615 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 19, 2006 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Use BZA 5/18/06 The petition of Michael Baxter and the Catholic Worker of Michiana seeking a Special Exception for a group residence in "MF1" Dear Council Members: The above referenced petition of Michael Baxter and the Catholic Worker of Michiana was legally advertised on May 5, 2006. The Board of Zoning Appeals gave it a public hearing on May 18, 2006, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoban and by a vote of 4-1, the petition for Special Exception, on property located at 515 S. St. Joseph St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals 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, ~~~ Donald F. Fozo, C.B.O. Building Commissioner DFF/cah BAXTER 8z CATHOLIC WORKER (group home) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WII.L NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT 1N WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1$th Day of May, 2006. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON ~4LL~Y ~~ m ~~ -o o~ z ~~ a-a.s~~ ~~ ~ ~N ~. rn ~I I ~. I O ~ ' ~ z ~ ~ ~ ~ {~ BP~NK W,4LK Pf~RKW/~Y 5T. JOB 5T. Catholic Workers House ~ John W.Wemtz ARCHITECT ~~~~ ~ 515 S. ST. JOE ST. o~ ~ ,moo SOUTH BEND, INDIANA . ~'~"''"` '~~"~"'°°° .