HomeMy WebLinkAbout18-69 Special Exception: 1320 Miami Street Filed in Clerk's Office
BILL NO. 18-69 OCT 2 9 2018
RESOLUTION NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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
1320 MIAMI STREET
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:
1320 MIAMI STREET
In order to permit a BAR
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
AREA BOARD OF ZONING APPEALS
1140 County-City Building
227 W.Jefferson Boulevard
South Bend,IN 46601
www.tjcindiana.com
Phone-574-235-9571-Fax-574-235-9813
Thursday, November 15, 2018
Common Council
227 W. Jefferson Boulevard
South Bend,IN 46601
RE: The petition of ROBERT D SMITH seeking a Special Use for a Bar in the MU Mixed Use District
(South Bend)for property located at 1320 MIAMI ST,City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of ROBERT D SMITH was legally advertised on
November 1,2018 and that the Area Board of Zoning Appeals at its public hearing on November 14,
2018 took the following action:
Upon a motion by Michael Urbanski,being seconded by Robert Hawley and unanimously carried,a
petition by ROBERT D SMITH seeking a Special Use for a Bar for property located at 1320
MIAMI ST,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,
Lawrence P.Magliozzi,Executive Director
Attachment
CC: ROBERT D SMITH
LAWRENCE P. MAGLIOZZI
Fx FCUTIVF DIRECTOR
Angela M. Smith
Deputy DireLlor
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 R'. JLPELRSON BLVD., ROOM 1140 COUNT L-CIT1 BUILDING, SOUTH BEND, INDIANA 46601 (474) 213-9571
MEMORANDUM
DATE: October 31,2018
FROM: Jordan Wyatt,Planner
SUBJECT: November 14, 2018 Area Board of Zoning Appeals Hearing
Special Exception/Special Use
A special exception use/special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 Comprehensive Plan.
Petition of Robert D.Smith
Based on information available prior to the public hearing,the staff recommends the Special Exception Use
be sent to the Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety,comfort, community moral standards,
convenience or general welfare.
Because this is located in a commercial area,the proposed bar will not be injurious to the public health,
safety,comfort,community moral standards,convenience or general welfare.
(2)T he proposed use will not injure or adversely affect the use of the adjacent area or property values
therein.
Adaptive reuse of a home located on a mixed-use corridor should not adversely affect the adjacent property
values.
(3) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein.
The proposed use is consistent with the mixed-use character of the Miami Street corridor which includes
restaurants and bars.
(4)The proposed use is compatible with the recommendations of the Comprehensive Plan.
The proposed use is consistent with City Plan,South Bend Comprehensive Plan(2006),Objective LU 2.2:
Pursue a mix of land uses along major corridors and other location identified on the Future Land Use Map.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
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