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HomeMy WebLinkAboutSpecial Exception - 1323 & 1329 N. Ironwood Drive - Gregory & Alice AldridgeRESOLUTION 3634-06 Passed by the Common Council of the City of South Bend, Indiana September 11, 06 Zo Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 12, 06 20 Approved and signed by me Sept~r~be r 12, 20 06 City Clerk RESOLUTION NO. ~ ~° 3 ' -~~ 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 (1323 AND 1329 NORTH IRONWOOD DRIVE, 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 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 pursuant to 1.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 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: (1323 AND 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking useage for 1323 and 1329 North Ironwood Drive, South Bend, Indiana per Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance. 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. 2 SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 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; 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. Member of the Com n Council pRrs. 9 -1t-off NOT APPRfO p~eFr~~'~-~ - ~ - t ~-off Fited In Clerk's Office J U L 1 8 2006 JOHtJ VOORDB CITY CLr:RK, S0. D~ND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-83 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 1323 AND 1329 NORTH IRONWOOD DRIVE, 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. Karen L. White Chairperson /~-~ Uanch, f-/arner ~ ~I ssociates, Inc. MICHAEL .1. RANCH, L.A. RON I'1ARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 Land Surveyors Professional Engineers Landscape Architects Land Planners July 25, 2006 RE: Special Exception Petition for Gregory & Alice Aldridge of 1323 North Ironwood Drive, South Bend, Indiana, 46615 and Ironwood Family Dentistry of 1329 North Ironwood Drive, South Bend, Indiana, 46615; Dear Council Members: Our clients are requesting the approval of a Special Exception for their properties located at 1323 and 1329 North Ironwood Drive, South Bend, Indiana. This Special Exception will allow for the use of existing off-site parking to service an existing Dentist Office and a new office building for an Insurance Agency and a Detective Agency. The new office building is replacing a structure that presently houses the Insurance and Detective Agency offices. The properties are presently zoned "OB" Office Buffer District classification. Our clients believe that the approval of the proposed Special Exception will fit with the existing mixed uses along this portion of Ironwood Drive. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danc President Ranch, Harner & Associates, Inc. File # 060141 Md. "C" 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 ~~ _ 4~ ~.~ c~ ~~ NO. NOTIFIED BOARD OF ZONING APPEALS FILED_ 20 HEARING APPEAL Applicant's Name: GREGORY & ALICE ALDRIDGE Phone 232-9999 Address: 1323 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615 Applicant's Name: IRONWOOD FAMILY DENTISTRY Phone 271-7500 Address: 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615 Address of Property: 1323 AND 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46616 Present Zoning of Property: "OB" OFFICE BUFFER DISTRICT Owner's Name: GREGORY & ALICE ALDRIDGE Phone 232-9999 Address: 1323 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615 Owner's Name: IRONWOOD FAMILY DENTISTRY Phone 271-7500 Address: 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615 20 20 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMN~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 1323 AND 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCELS "A" & "B"; A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for Eight (8) off-site parking spaces for PARCEL "A" on PARCEL "B" and the continuation of previously approved Special Exception/Variance for Parcel "B" for Sixteen (16) existing off-site parking spaces, Eight (8) of which will be leased to owner of Parcel "A"; 2 VARIANCE REQUESTS: PARCEL "A": 1). A Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the North property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet; 2). From the requirement of no structures in the 15 ft. wide Residential Buffer-yard along the South property line to a minimum of 1 ft. to allow for parking spaces and a 6 ft. high Vinyl Screening fence; 3). From the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the North, West and South property lines to a minimum of one tree on the South property line and from the requirement of providing a Type "B" landscaping along the South property line to being allowed to use a 6 ft. high Vinyl fence for screening. 4). From the requirement of providing a minimum of 18 parking spaces for a 5,000 square foot proposed office building (i.e. 3.5 spaces per 1,000 square foot of gross floor area) to 14 spaces, 6 on-site and 8 leased off-site. PARCEL "8": 1). A Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the Southeasterly property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet; 2). From the requirement of no structures in the 15 ft. wide Residential Buffer-yard along the South and West property lines to a minimum of 1 ft. along the South property line to allow for parking spaces, an enclosed dumpster and a 6 ft. high Vinyl Screening fence and to 1 ft. along the West property line to allow for an existing 6 ft. high Vinyl Screening fence; 3). From the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the North, East, West and South property lines to the existing landscaping as shown and to no landscaping along the Southeasterly and Easterly property line shared with Parcel "A"; 4). From the requirement of providing a Type "B" landscaping along the West and South property lines to being allowed to use a 6 ft. high Vinyl fence for screening. 3 THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1323 and 1329 North Ironwood Drive, South Bend, Indiana 46615. The Petitioners are the owners 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 "OB" Office Buffer District. The owner of Parcel "A" desires to raze the existing building and construct in its place, a 1-story 3,000 square foot office building with a 2,000 square foot basement. The reason for the new building is that the existing structure does not function well for the present use, which are an insurance office and a detective agency. The new building will allow for efficient use of the proposed square footage and also allow an area for storage of files. The new building will be placed closer to Ironwood Drive and the existing paved area in front of the building will be removed. Parking spaces will be placed behind the building in the renovated existing parking area as shown on the attached site plan. The Petitioners understand that in order to allow for the construction of the new office building, a Special Exception is required for off-site parking for the Parcels and Variances are also required for both Parcels "A" and "B" to allow the development to be constructed as shown. In regards to the Special Exception to allow for off-site parking, the Petitioners would state that previously, Parcel "B" was granted approval to be allowed to have off-site parking for the use on the Eastern portion of Parcel "B" which is a Dentist office. This off-site parking was approved back in 2003. The off-site situation occurred because the area, which presently has the majority of the parking spaces, is separated from the property where the Dentist office building sits by a 20 ft. wide public alley. At the time of the request, Dr. Russell A. Murphy, the Dentist asked to be allowed to construct a lot which contained 16 parking spaces, besides the 5 spaces he had adjacent to the building. Now in 2006 he would state that in his 2003 petition he had over-estimated on the number of spaces required for his office, and that based on the past several years of his practice, he can allow up to 8 spaces to be leased without causing any parking problems for his Dental office. Included with this petition is a letter from Dr. Russell A. Murphy the Petitioner/Owner of Parcel "B" stating the above over- estimation. Also included with this petition is an agreement to allow for the lease of up to 8 spaces to the owner of Parcel "A". The request for approval of the Special Exception is due to existing conditions on site, one of which is that the properties are presently zoned "OB" office Buffer District, and second that the property where the extra spaces are located are separated from the building sites by a public alley. Since the alley is being used by the adjacent owner to the south and vacation of said alley would be difficult at best, the request for approval of the Special Exception under said zoning classification appears to be the best way to allow for the additional parking. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for off-site parking for the shown Parcels, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or 4 adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is 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). With regards to the Variance requests for Parcel "A", the first Variance request to allow a Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the North property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet. The Petitioners would state that they are re-aligning the existing driveway and actually increasing its width from approximately 18 feet to 22 feet. There will be no parking spaces accessing this driveway directly and the Petitioners desire to leave some area for landscaping along the facades of the building. They do not believe approval to a width of 22 feet would be detrimental or have an adverse affect. The second Variance request from the requirement of no structures in the 15 ft, wide Residential Buffer-yard along the South property line to a minimum of 1 ft. to allow for parking spaces and a 6 ft. high Vinyl Screening fence is based on the fact the existing pavement for the parking area has been in place for the past several years. The Petitioners are asking to be allowed to fix the parking area with new asphalt and re-stripe the spaces. They also desire to place a 6 ft. high vinyl fence along a portion of the South property line to add an additional buffer to the property to the South. The existing wood fence will be removed. The Petitioners believe the requested improvements will be more attractive than the present fencing. The third Variance request, from the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the North, West and South property lines to a minimum of one tree on the South property line and from the requirement of providing a Type "B" landscaping along the South property line to being allowed to use a 6 ft. high Vinyl fence for screening. This request is due to the fact that there is a shared driveway along the North property line, a paved public alley along the West property line and parking area along a portion of the South property line that is existing and would make placing any landscaping in those areas. The Petitioner would state they are placing new landscaping along the building facades and are placing trees in front with a tree at the Southeast corner of the site. They would hope that this new landscaping meets the intent of the ordinance and that approval of this Variance would not have a detrimental affect on surrounding properties. The fourth Variance request, from the requirement of providing a minimum of 18 parking spaces for a 5,000 square foot proposed office building (i.e. 3.5 spaces per 1,000 square foot of gross floor area) to 14 spaces, 6 on-site and 8 leased off-site. The Petitioners would state that due to the nature of the uses in the building, an Insurance office and a Detective agency, there is limited clientele at the offices for 5 meeting purposes. A large percentage of the business is conducting outside the offices. The Petitioners would also state that portion of the building would be used for storage of files . The Petitioners would ask that a Variance for 4 parking spaces is reasonable for this type of development and that approval of this Variance would not be detrimental or have an adverse affect on surrounding properties. With regards to the Variance requests for Parcel "B", the first Variance request to allow a Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the North property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet. The Petitioners would re-state as mentioned above, that they are re-aligning the existing driveway and actually increasing its width from approximately 18 feet to 22 feet. There will be no parking spaces accessing this driveway directly and the Petitioners desire to leave some area for landscaping along the facades of the building. They do not believe approval to a width of 22 feet would be detrimental or have an adverse affect. The second Variance request from the requirement of no structures in the 15 ft. wide Residential Buffer-yard along the South and West property lines to a minimum of 1 ft. along the South property line to allow for parking spaces, an enclosed dumpster and a 6 ft. high Vinyl Screening fence and to 1 ft. along the West property line to allow for an existing 6 ft. high Vinyl Screening fence. The request for the Variances to allow for the Vinyl fence along the West property line and for the pavement and shown parking spaces to be allowed to be within 1 ft. of the South property line is due to the fact that these structures are existing and have been for the past several years. The Petitioners would ask to be allowed to let the structures remain as the fencing provides a buffer for the property to the West and the pavement, parking and fencing should not be detrimental to any surrounding property. The request to allow the dumpster, and it's enclosure into the buffer-yard along the South property line and be allowed to place Vinyl fencing on the South line again should not be detrimental as the dumpster will be enclosed and its location is away from any adjacent structure. The third Variance request, from the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on- center along the North, East, West and South property lines to the existing landscaping as shown and to no landscaping along the Southeasterly and Easterly property line shared with Parcel "A". The reason for the request of no landscaping along the Southeasterly and Easterly shared property line is to allow for the existing pavement and proposed re-aligned driveway. Approval of this should have no detrimental affect on surrounding properties. The request for no perimeter landscaping to existing landscaping along the West, North and East property lines, is that the Petitioner has placed several evergreen and small ornamental trees along with shrubbery and flowers within said yards. The existing landscaping presently provides aesthetics for the dental facility. The Petitioner would hope that the Board 6 Members agree and that approval of this variance would have no detrimental affect on any surrounding property. The fourth Variance request from the requirement of providing a Type "B" landscaping along the West and South property lines to being allowed to use a 6 ft. high Vinyl fence for screening. The Petitioner would re- state as mentioned above, that there were several evergreen trees placed on-site with other landscaping. That the existing Vinyl fence was placed to create a buffer from the adjacent properties to the existing parking spaces. The Petitioner would hope that with the existing fencing and landscaping the Board agrees the intent of the ordinance has been meet and that approval of this Variance would have no adverse affect on adjacent properties. The Petitioners believe that approval of the above Special Exception and Variances for this proposed and existing use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners would ask the Board Members to agree that approval of the above described Special Exception 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 Petitioners contend 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 Variances and Special Exception are sought: that the need for the Variances and Special Exception 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 Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. micnaei u. uancn President Danch, Harper & Associates, Inc. Property Owners Within 300 Feet Ironwood Family Dentistry 1329 Ironwood Dr South Bend, IN. 46615 Tax Key # 018 5148 5562 Ironwood Family Dentistry 1329 North Ironwood South Bend, IN. 46615 Tax Key # 018 5148 5525 Gregory & Alice Aldridge 1323 N Ironwood South Bend, IN. 46615 Tax Key # 018 5148 5524 Ironwood Green LLC 2640 Golden Gate Pkwy # 102 Naples, FL. 34105 Tax Key # 018 5148 5526 Ironwood Green LLC 2640 Golden Gate Parkway # 102 Naples, FL. 34105 Tax Key # 018 5148 5531 TGM Properties LLC 117 S Main St. Mishawaka, IN. 46544 Tax Key # 018 5148 5536 Jamie Lee 8~ Danielle Marshman 2009 Oak Park South Bend, IN. 46617 Tax Key # 018 5148 5558 Ironwood Green LLC 2640 Golden Gate Parkway # 102 Naples, Florida 34105 Tax Key # 018 5148 5561 Cottage One Properties 1119 W 6th St Mishawaka, IN. 46544 Tax Key # 018 5148 5565 Roy & Sharon Heater 11690 Anderson Road Granger, IN. 46530 Tax Key # 018 5151 567401 Ironwood Green LLC 2640 Golden Gate Parkway # 102 Naples, Florida 34105 Tax Key # 018 5148 5529 Anthony Zappia 52582 SR 933 N South Bend, IN. 46637 Tax Key # 018 5148 5534 Joann Wyman 2003 Oak Park Dr South Bend, IN. 46617 Tax Key # 018 5148 5556 Rosemary Tran & Mai Thi Tuyet 2101 Oak Park South Bend, IN. 46601 Tax Key # 018 5148 5559 Aman Alkattan 53247 Skylark Ct South Bend, IN. 46635 Tax Key # 018 5148 5567 Mark 8~ Susan Cantanzarite 2022 Oak Park Dr South Bend, IN. 46617 Tax Key # 018 5148 5564 Amiya 8 Sumita Dey 1304 Rosemary Lane South Bend, IN. 46617 Tax Key # 018 5151 567403 Ironwood Green LLC 2640 Golden Gate Parkway # 102 Naples, Florida 34105 Tax Key # 018 5148 5527 Joseph 8~ Tina Zappia P.O.Box 6817 South Bend, IN. 46615 Tax Key # 018 5148 5532 Jamie Lee & Danielle Marshman 2009 Oak Park South Bend, IN. 46617 Tax Key # 018 5148 5557 Rosemary Tran Mai Thi Tuyet 2101 Oak Park Dr South Bend, IN. 46617 Tax Key # 018 5148 5560 Renato Z3< Aurora Santeusanio 2010 Oak Park Dr South Bend, IN. 46617 Tax Key # 018 5148 5566 Patricia Huston Patricia Haden 1310 Rosemary Ln South Bend, IN. 46617 Tax Key # 018 5151 567402 Raymond 8 Donnamae Schmidt 1303 N Ironwood Dr South Bend, IN. 46615 Tax Key # 018 5151 5674 First Church of Christ Scientist CVS Corporation CVS Corporation 1237 N Ironwood P.O.Box 4900 P.O.Box 490Q South Bend, IN. 46615 Scottsdale, AZ. 85261 Scottsdale, AZ. 85261 Tax Key # 018 5151 567501 Tax Key # 018 5153 569001 Tax Key # 018 5153 569002 Richard & Erica Broecker Harold Fabian ~ Sharon Womack 1625 Belmont Av 1306 N Ironwood Dr 2205 Union Avenue South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5153 5690 Tax Key # 018 5153 5730 Tax Key # 018 5153 5731 Jeffrey White 2209 Union St South Bend, IN. 46615 Tax Key # 018 5153 5732 Arturo Cruz 2204 Union Av South Bend, IN. 46615 Tax Key # 018 5153 5691 Daniel & Jacqueline Thornton 1242 N Ironwood South Bend, IN. 46615 Tax Key # 018 5153 5692 Matthew & Laurie Sipe 1238 N Ironwood Dr South Bend, IN. 46615 Tax Key # 018 5153 5693 Walter & Elna Mitchell 2216 Union South Bend, IN. 46615 Tax Key # 018 5153 5729 Ernest & Cora Huskey 1232 N Ironwood South Bend, iN. 46615 Tax Key # 018 5153 5694 Kevin Botka 1237 Congress Av South Bend, IN. 46615 Tax Key # 018 5153 5728 Cy Chowattukunnel 1228 N Ironwood Dr South Bend, IN. 46615 Tax Key # 018 5153 5695 I hereby certify that the aforesaid persons are owners of all adjacent property, which may be affected by the granting of this appeal. Michael J. Danch President Danch, Aarner & Associates, Inc. 7/15/2006 City Board of Zoning Appeals South Bend Common Council 125 S. Lafayette Blvd Suite 100 South Bend, IN 46601 RE: Parking lot at 1329 N. Ironwood Drive, South Bend, IN 46615 Dear Sirs, I am writing this letter to clarify my parking usage. In 2003 I overestimated our parking needs. 10 spaces are not being used by my office. Si cerely, `c~ ussell A. M DDS 1329 N. Ironwood Drive South Bend, IN 46615 I ~'arkYng Lease This Rase was made on the 13`h day of June, 2006. The Landlord hereby agrees to lease to the Tenant and the Tenant hereby agrees to Lease frotrt the Landlord the Leased Premises described below pursuant to the terms and conditions specified herein: LANDLORD: Russell Mu h D.D.S 1329 N. Ironwood Drive South Bcnd, IN 46615_ 574-271-7500 TENANT: t~gg Aldridge. Aldrid a insurance 1323 N. lro wood Drive South Bend IN 45615 574-232-9999 ]. Leased premises. The leased premises are 8 parking spaces located on the properly commonly known as 1329 N Ironwood Drive, South Bend, IN 46615, whose legal description is: part of the Northeast Quarter of Section 6. Township 37 North, Range 3 east Portage Township, City of South Bend. St. Joseph County, Indiana. 2. Term: The term of the lease shall be 10 years. 3. Rent: The tenant hereby agrees to pay $120.00. 4. Use of the [,eased Premises: The Leased premises may be used by the tenant only for parking vehicles in connection with Aldridge Insurance /Greg Aldridge. S. Restrictions oa Uses: The Ieased premises may be used by the tenant only. 6. Termination of Lease. I~ VV I/VVZ ..vr •~+i ~vvv i . . ~~ i nn 7. Indcmnification of the Landlord: The Tenant shall defend, indemnify and hold the Landlord harmless from and against any claims, loss, expense, or damage to any person or property in or upon the Leased Premises, arising out of the Tenant's use or occupancy for the Leased Prcmises, or arising out of any ect or neglect of the Tenant or its servants, employees, agents or invitees. In witness whereof the parties have set their hands and seals this 13°i day of June 2U06. ~~ Russell M .D.S. Landlord g Aldridge Tenant ~JVVL/VVL BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Board will hold a public hearing of Zoning Appeals of the City of South Bend, Indiana, on Thursday, the 17th day of AUGUST, 2006, at 3:00 p.m. in the Council Chambers on the 4th Floor of the .County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Gregory & Alice Aldridge of 1323 North Ironwood Drive, South Bend, Indiana, 46615 and Ironwood Family Dentistry of 1329 North Ironwood Drive, South Bend, Indiana, 46615, seeking the following;- A). Special Exception Request: PARCELS "A" & "B"; A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for Eight (8) off-site parking spaces for PARCEL "A" on PARCEL "B" and the continuation of previously approved Special Exception/Variance for Parcel "B" for Sixteen (16) existing off-site parking spaces, Eight (8) of which will be leased to owner of Parcel "A"; and the following Variance Requests: PARCEL "A": 1). A Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the North property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet; 2). From the requirement of no structures in the 15 ft. wide Residential Buffer-yard along the South property line to a minimum of 1 ft, to allow for parking spaces and a 6 ft. high Vinyl Screening fence; 3). From the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the North, West and South property lines to a minimum of one tree on the South property line, and from the requirement of providing a Type "B" landscaping along the South property line to being allowed to use a 6 ft. high Vinyl fence for screening. 4). From the requirement of providing a minimum of 18 parking spaces for a 5,000 square foot proposed office building (i.e. 3.5 spaces per 1,000 square foot of gross floor area) to 14 spaces, 6 on-site and 8 leased off-site. PARCEL "B": 1). A Variance from the minimum required 24 ft. wide access driveway from Ironwood Drive along the Southeasterly property line (shared driveway between Parcels "A" and "B" to a minimum width of 22 feet; 2). From the requirement of no structures in the 15 ft. wide Residential Buffer-yard along the South and West property lines to a minimum of 1 ft. along the South property line to allow for parking spaces, an enclosed dumpster and a 6 ft. high Vinyl Screening fence and to 1 ft. along the West property line to allow for an existing 6 ft. high Vinyl Screening fence; 3). From the requirement of providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the North, East, West and South property lines to the existing landscaping as shown and to no landscaping along the Southeasterly and Easterly property line shared with Parcel "A"; 4). From the requirement of providing a Type "B" landscaping along the West and South property lines to being allowed to use a 6 ft. high Vinyl fence for screening. Properties are presently zoned "OB" Office Buffer District. THIS REAL ESTATE IS COI~4iONLY DESCRIBED AS: 1323 and 1329 North Ironwood Drive, South Bend Indiana 46615. 2 Said public hearing will be held as authorized by the applicable Zoning Ordinances and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any persons desiring to oppose or support said petition will be heard at that time. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 LV Secretary to the Board (574 235-9554 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 August 18, 2006 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 8/17/06 The petition of Gregory & Alice Aldridge & Ironwood Family Dentistry seeking a Special Exception for off site parking in an "OB" District Dear Council Members: The above referenced petition of Gregory & Alice Aldridge & Ironwood Family Dentistry was legally advertised on August 3, 2006. The Board of Zoning Appeals gave it a public hearing on August 17, 2006, at which time the following action was taken: Upon a motion by Mr. Hoban, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception for off site parking in an "OB"District, on property located at 1323 & 1329 N. Ironwood Drive, 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. Building Commissioner DFF/cah ALDRIDGE 8z IRONWOOD FAMILY DENTISTRY (OFF SITE PARKING) 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 al] 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 WILL 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 IN 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 will not blend into the overall Comprehensive Plan and may be 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 17"' Day of August, 2006. YES NO ABSENT RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MALTRICE HOBAN ® ELONDA WILDER-HAMILTON