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Home My WebLink About18-73 Special Exception: 1718 Marine Street AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 _ www.sjcindiana.com —®i Phone-574-235-9571-Fax-574-235-9813 Filed in Clerk's Office LDEC D 5 2010 December 5, 2018 KAREEMAH rOWLER CITY CLERK,SOUTH BEND,IN Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1718 Marine Street Dear Council Members: Enclosed is an Ordinance for the proposed Special Exception Use.Please include the attached Ordinance on the Council agenda for unfinished business at your December 10t1i, 2018 Council meeting, and set it for public hearing at your January 14th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the December 12t, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Sin rely, Jor an Wyatt Planner CC: Bob Palmer Filed in Clerk's Office BILL NO. 18-73 DEC 05 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 1718 MARINE 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: 1718 Marine Street 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; p 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.sjcindiana.com Phone-574-235-9571 -Fax-574-235-9813 Thursday, December 13,2018 Common Council 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two-family dwelling unit. in the SF2 Single Family&Two Family District(South Bend)for property located at 1718 S MARINE ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally advertised on November 29, 2018 and that the Area Board of Zoning Appeals at its public hearing on December 12,2018 took the following action: Upon a motion by Kathy Schuth,being seconded by Michael Urbanski and carried,a petition by BH INVESTMENTS LLC seeking a Special Use for a two-family dwelling unit. for property located at 1718 S MARINE ST,City of South Bend, was sent to the Council with a unfavorable 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: BH INVESTMENTS LLC FINDINGS OF FACT BH INVESTMENTS LLC 1718 S MARINE ST City of South Bend On Wednesday, December 12,2018,the Area Board of Zoning Appeals forwarded a petition for a two- family dwelling unit. to the Council with a unfavorable recommendation. (1)The Proposed use will not be injurious to the public health,safety,comfort,community moral standards,convenience or general welfare: Provided the development meets all the building,fire safety, and parking regulations, it should not affect the public health, safety,or general welfare of the community. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values: The proposed use would convert an existing single family home to a duplex, which could affect surround property values. (3)The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein: The proposed two-family dwelling is inconsistent with the character of the single-family neighborhood. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed two-family rental dwelling unit is inconsistent with the City Plan, South Bend Comprehensive Plan(November 2006): Objective H8: Promote homeownership within the city limits. Roll Call: Brendan Crumlish -Yes Kathy Schuth-Yes Robert Hawley-Yes Michael Urbanski-Yes John Leszczynski-Yes Jack Young-Yes Randy Matthys-Absent The Minutes of the December 12,2018 meeting of the Area Board of Zoning Appeals are hereby incorporated by reference herein. Adopted by the Area Board of Zoning Appeals of St.Joseph County,Indiana, on this 9th day of January,2019 Brendan Crumlish, Chairman Area Board of Zoning Appeals St.Joseph County, Indiana ATTEST: Lawrence P.Magliozzi,Executive Director AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend.IN 46601 www.sjcindiana.com Phone•574-235-9571 -Fax-574-235-9813 Thursday, December 13,2018 Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two-family dwelling unit. in the SF2 Single Family&Two Family District(South Bend)for property located at 1718 S MARINE ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally advertised on November 29, 2018 and that the Area Board of Zoning Appeals at its public hearing on December 12, 2018 took the following action: Upon a motion by Kathy Schuth,being seconded by Michael Urbanski and carried,a petition by BH INVESTMENTS LLC seeking a Special Use for a two-family dwelling unit. for property located at 1718 S MARINE ST,City of South Bend,was sent to the Council with a unfavorable 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, ,gdpcIA(s, Lawrence P.Magliozzi,Executive Director Attachment CC: BH INVESTMENTS LLC FINDINGS OF FACT BH INVESTMENTS LLC 1718 S MARINE ST City of South Bend On Wednesday,December 12, 2018,the Area Board of Zoning Appeals forwarded a petition for a two- family dwelling unit. to the Council with a unfavorable recommendation. (1)The Proposed use will not be injurious to the public health, safety,comfort,community moral standards,convenience or general welfare: Provided the development meets all the building,fire safety, and parking regulations, it should not affect the public health,safety,or general welfare of the community. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values: The proposed use would convert an existing single family home to a duplex, which could affect surround property values. (3)The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein: The proposed two-family dwelling is inconsistent with the character of the single-family neighborhood. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed two-family rental dwelling unit is inconsistent with the City Plan, South Bend Comprehensive Plan(November 2006): Objective H8: Promote homeownership within the city limits. Roll Call: Brendan Crumlish -Yes Kathy Schuth-Yes Robert Hawley-Yes Michael Urbanski-Yes John Leszczynski-Yes Jack Young-Yes Randy Matthys-Absent The Minutes of the December 12,2018 meeting of the Area Board of Zoning Appeals are hereby incorporated by reference herein. Adopted by the Area Board of Zoning Appeals of St.Joseph County,Indiana, on this 9th day of January,2019 Brendan Crumlish, Chairman Area Board of Zoning Appeals St.Joseph County, Indiana ATTEST: Lawrence P.Magliozzi,Executive Director