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Home My WebLink AboutSpecial Exception - 1902 Western AvenueAttes RESOLUTION 4156 -12 Passed by the Common Council of the City of South Bend, Indiana February 27, 12 20 Presented by me to the Mayor of the City of South Bend, Indiana February 28, 20 12 City Clerk ce !dent of Common Council Approved and signed by me �� aka 2 `l 20 12- . City Clerk RESOLUTION NO. l L ,� (,o - ( )�- 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 1902 WESTERN AVENUE, 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 I.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 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 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: 1902 Western Avenue in order to permit the use of the property as a bar /nightclub consistent with its past historic uses. 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 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; 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 Area Board of Zoning Appeals which are on file in the office of the City Clerk. Approval shall be further subject to a lease for not less than 22 off -site parking spaces for a term of five (5) years. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Membe f the Common Council PRESENTED NOT APPROVE 'ADOVEil Z- F v r c u r-17V f" TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -09 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 1902 WESTERN AVENUE, 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 as amended by the following language: Approval shall be further subject to a lease for not less than 22 off -site parking spaces for a term of five (5) years. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole BEFORE THE AREA BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA PETITION FOR SPECIAL EXCEPTION FOR PROPERTY AT 1902 WESTERN AVENUE SOUTH BEND, INDIANA Comes now the Petitioner, Janiecesha O'Neal, and Petitions the Board for a Special Exception to permit the use of the improved property at 1902 Western Avenue in the City of South Bend as a bar /restaurant/nightclub and for a variance from the required 84 parking spaces tol'S. In support of her petition, Petitioner would show the Board the following: �- Name of Petitioner: Janiecesha O'Neal Address of Petitioner: 1017 N. Meade Street, South Bend, Indiana 46628 Phone No.: 574- 300 -7804 STANDARDS FOR VARIANCE (Ind. Code Sec. 36 -7-4- 918.5): 1. The approval sought by the Petitioner will not be injurious to the public health, safety, morals or general welfare of the community welfare for the reason that the proposed use is consistent with other uses found generally in the neighborhood in which the subject is situated and as proposed is a legal use and readaptation and renovation of an existing vacant and presently unused building. 2. Given the surrounding land uses which are predominately commercial and retail along Western Avenue and the proposed improvements to the property being made in anticipation of its proposed future use, the area adjacent to the property will not be affected in a substantially adverse manner. 3. The strict application of the zoning ordinance will result in practical difficulties in the use of the property by resulting in the continued disuse and deterioration of the building and for the reason that alternative uses of the structure which was formerly configured as a bar /nightclub are not likely practically or economically feasible within sound economic reality. The individual presenting this matter before the Board and the Common Council is: Bruce D. Huntington, Attorney -at -Law Botkin & Hall, LLP 105 East Jefferson Blvd, Suite 400 South Bend, Indiana 46601 (574) 234 -3900 The Zoning Classification of the Property is presently MU in Portage Township, City of South Bend. S iecesha 00'Neal, _Petitioner X XESTE'RN .A V . (Rl#r VARIES) :.:......._..__ ............................... 40 �-U.3' +/ IN R/W +....... S' W �' � \ ff' LLJ 4 O Q O :�. L Z 1.3'OVER R/W LINE m z / Q 1.3' •' ro/ . 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fax: (574) 235 -5541 February 2, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Janiecesha O'Neal ABZA 2/1/12 Dear Council Members: The above referenced petition of Janiecesha O'Neal was legally advertised on January 21, 2012. The Area Board of Zoning Appeals gave it a public hearing on February 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and with a vote of 4 -2, the petition for Special Exception of Janiecesha O'Neal to allow a for a bar /restaurant/nightclub, on property located at 1902 Western Ave., is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area 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, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah k�!■ . a � $} ||!$ :(!! E JTD k AG |� -- `! |k§ o -sa -a � 2 § � oe / Cq IE »