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Home My WebLink About18-55 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 .._.C-ITY _...._CLERK,SC)UTH BEND,._.__._.__......... ..._..._._.._. .__._w 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): i T (z�Z�I l l C A v ►�--{v 30 A - ---r' k _:ED- JUL 12Z018 t F F- 1� 7 L �. SEP 1 ;3 2010 G 68' Lot Area 68' * 80' = 5440' 34' �Z 0 N 14' 14'3" 20' House 1 House 2 00 N O House 1 Ard House 2 Yard w 22' 12' _ Side Walk Side I alk Side Walk Grass Gr ss Grass w Street Street Street SEP 13 2018 AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 www.sjcindiana.com Filed in Clerk's Office Phone-574-235-9571-Fax-574-235-9813 OCT 15 2018 Thursday,October 1 1, 2018 KART-EM_ FOWLER Common Council CITY CLERK,SOUTH BEND, IN 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of 2010 INVESTMENT GROUP LLC seeking a Special Use for a Two Family Dwelling in the SF2 Single Family&Two Family District(South Bend)for property located at 1715 S DALE AVE AND 1717 S.DALE AVE,City of South Bend Dear Council Members: [hereby Certify that the above referenced ordinance of 2010 INVESTMENT GROUP LLC was legally advertised on September 27,2018 and that the Area Board of Zoning Appeals at its public hearing on October 10, 2018 took the following action: Upon a motion by Michael Urbanski,being seconded by Robert Hawley and unanimously carried, a petition by 2010 INVESTMENT GROUP LLC seeking a Special Exception Use for a Two Family Dwelling for property located at 1715 S DALE AVE AND 1717 S. DALE AVE, City of South Bend, was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Angela Smith, Deputy Director Attachment CC: 2010 INVESTMENT GROUP LLC