HomeMy WebLinkAboutSubstitute Bill 02-19 Rezone: 2307 Edison Road LAWRENCE P. MAGLIOZZI
EtiECUTIVE IREL'TOR
Angela M. Smith
Deputy Utrector
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
December 31, 2018 Filed in Clerk's Office i
Honorable Common Council
4th Floor, County-City Building DEC 31 2018
South Bend, IN 46601
KAREE(\AK FOWLER
CITY CLERK,SOUTH BEND,IN
RE: 2307 Edison Road
APC#2887-18
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the
attached Ordinance on the Council agenda for first reading at your January 14th, 2019 Council
meeting, and set it for public hearing at your February 25th,2019 Council meeting. The petition
is tentatively scheduled for public hearing at the February 19th, 2018 Area Plan Commission
meeting. The recommendation of the Area Plan Commission 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
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N
Filed in Clerk's Office
SUBSTITUTE BILL NO. 02-19 FEB 20 2019
ORDINANCE NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 2307 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from CB Community Business District to MU Mixed
Use District for a mixed-use building.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana,be and the same hereby is amended in
order that the zoning classification of the following described real estate in the City of South
Bend, St. Joseph County, State of Indiana:
A part of the Southwest Quarter of Section 32, Township 38 North, Range 3 East, St. Joseph
County, Indiana,more particularly described as follows:
Beginning at a point 40.00 feet North and 140 feet east of the Southwest Corner of Section 32;
thence North parallel with the West line of said Section 180.00 feet; thence
East parallel with the South line of said Section 85.00 feet; thence South parallel with the West
line of said Section 180.00 feet to the Northern boundary 85.00 feet to the point of beginning.
Containing 0.351 acres more or less.
be and the same is hereby established as MU Mixed Use District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d)
Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, legal publication, and full execution of any conditions
or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend, Indiana on the day of ,2019, at o'clock
. m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2019, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
INANCE
BILL NO. 02-19
DEC 312018
ORDNO. _
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 2307 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the following described real estate in the City of South
Bend, St. Joseph County, State of Indiana:
A part of the Southwest Quarter of Section 32, Township 38 North, Range 3 East, St. Joseph
County, Indiana,more particularly described as follows:
Beginning at a point 40.00 feet North and 140 feet east of the Southwest Corner of Section 32;
thence North parallel with the West line of said Section 180.00 feet; thence
East parallel with the South line of said Section 85.00 feet; thence South parallel with the West
line of said Section 180.00 feet to the Northern boundary 85.00 feet to the point of beginning.
Containing 0.351 acres more or less.
be and the same is hereby established as MU Mixed Use District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d)
Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, legal publication, and full execution of any conditions
or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend, Indiana on the day of ,2019,at o'clock
. m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
•Approved and signed by me on the day of , 2019, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
LAWRENCE P. MAGLIOZZI
( (((K
Angela M. Smith
Ilepuln I),,cefnc
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. [FFFFRSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SO11111 1,1 \11, INDIANA 46601 0741235-9571
Wednesday,February 20,2019
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend,IN 46601
RE: A proposed ordinance of Beach House LLC to zone from CB Community Business District to MU Mixed Use
District, property located at 2307 Edison Road, City of South Bend- APC#2887-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Beach House LLC was legally advertised on February 7,
2019 and that the Area Plan Commission at its public hearing on February 19,2019 took the following action:
Upon a motion by Elizabeth Maradik,being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of Beach House LLC to zone from CB Community Business District to MU
Mixed Use District,property located at 2307 Edison Road,City of South Bend, is sent to the Common
Council with a FAVORABLE recommendation.Rezoning this site to MU Mixed Use District will
allow for a mix of uses and development that is consistent with an urban neighborhood center, which
will help meet the needs of the residential uses in the area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission 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
Attachment
CC: Beach House LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W.5 1 C I N D I A N A.CON I O 0 1/.r e a-p l a,
Staff Report 2/7/2019
APC# 2887-18
Owner: Beach House LLC
Location: 2307 Edison Road
Jurisdiction: City of South Bend
Public Hearing Date: 2/19/2019
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to MU Mixed
Use District.
Land Uses and Zoning:
On site: On site is a vacant business and parking lot.
North: To the north are businesses zoned CB Community Business District.
East: To the east is a funeral home CB Community Business District.
South: To the south, across Edison Road, is CVS Pharmacy zoned LB Local
Business District.
West: To the west is a business zoned CB Community Business District.
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts of outdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The site plan shows the development of a new three-story mixed-use building with retail,
office, and residential space. Off-street parking will be provided. The development will
need to meet the development standards of the CB Community Business District.
Zoning and Land Use History And Trends:
The Walgreens at the corner of Edison and Ironwood was rezoned to LB Local Business
District in 2005. Three properties at the corner of Edison and Pyle were rezoned to 0
Office District in 2009.
Traffic and Transportation Considerations:
Edison Road is four lanes with a center turn lane.
Utilities:
The site will be served by municipal sewer and water.
Agency Comments:
The City of South Bend Engineering Department offers a favorable recommendation.
They noted that the site is in the Edison Park Wellfield Protection Zone and the St. Joseph
County Health Department Regulates drywells in this area. Engineering also brought up
traffic concerns about the access being in close proximity to the intersection. The
APC# 2887-18 Page 1 of 2
Staff Report 2/7/2019
Department of Community Investment offers a favorable recommendation, stating the area
would be appropriate for an urban neighborhood center. They recommended planning for
future vehicular connections, for access to adjoining lots,on the north end of the site to
help reduce the need for curb cuts, allowing street frontages to be fully developed and
more walkable.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
This petition 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 locations
identified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Plan identifies this area for commercial uses.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Ironwood and Edison Roads have developed as a corridor that features a mix of
commercial and residential uses.
3. Most Desirable Use:
The most desirable use for the property is commercial or mixed use.
4. Conservation of Property Values:
Locating commercial uses in commercial areas and providing the proper landscaping
should not adversely affect property values.
5. Responsible Development And Growth:
It is responsible development and growth to locate commercial uses along major corridors.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
Rezoning this site to MU Mixed Use District will allow for a mix of uses and
development that is consistent with an urban neighborhood center, which will help meet
the needs of the residential uses in the area.
APC# 2887-18 Page 2 of 2
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Angela M. Smith
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AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 77 IEFFER,OV 41 VD., ROM 1140 COLINIY-01111 BUILDING, sou TH BEVD. INDIANA 46601 (1741 215-9571
February 20, 2019
Honorable South Bend Common Council
411i Floor, County-City Building
South Bend, IN 46601
RE: Bill #02-19
Rezoning: APC#2887-18 —2307 Edison Road
Dear Council Members:
The Area Plan Commission held a public hearing on February 19th, 2019 for the above
referenced petition. This petition is set for public hearing before the Common Council on
Monday, February 25th,2019.
Ordinance& Petition Amendments:
1) The ordinance was amended to add the statement of purpose and intent.
2) The petition was amended to show the correct district the request is zoning from.
Public Hearing Summary:
There was one person who spoke in remonstrance of the petition. They were concerned about
users of the site parking on his property.
If you have any further questions,please feel free to contact me at (574) 235-9571.
Si erely,
Jo dan Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T I O S E P H C O V N T Y I N D I A N A.COM/A R E A P L A N
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 2307 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from CB Community Business District to MU
Mixed Use District for a mixed-use building.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No, 9495-04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
A part of the Southwest Quarter of Section 32, Township 38 North, Range 3 East, St.
Joseph County, Indiana, more particularly described as follows:
Beginning at a point 40.00 feet North and 140 feet east of the Southwest Corner of
Section 32; thence North parallel with the West line of said Section 180.00 feet; thence
East parallel with the South line of said Section 85.00 feet; thence South parallel with
the West line of said Section 180.00 feet to the Northern boundary 85.00 feet to the
point of beginning.
Containing 0.351 acres more or less.
be and the same is hereby established as MU Mixed Use District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
LAWRENCE P. MAGLIOZZI
I\I<'11T11'I DIRK CTUR
Angela M. Smith
Drput%Direrl Cr
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JFFFFRSON BL\'U., ROOM 1140 ('OIIN'1Y-('IIY BUILDING, SUMN BEND, INIIIANA 46601 (574)235.9571
Wednesday,February 20,2019
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of 832 ST RD 23 LLC to zone from GB General
Business District to MU Mixed Use District and seeking a Special Exception Use to allow for a drive-through
restaurant,and seeking the following variance(s): 1)from the required 5'minimum side residential bufferyard
to 0'; and 2)from the required 12'bailout lane to none, property located at 832 South Bend Avenue,City of
South Bend-APC#2888-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of 832 ST RD 23 LLC was legally advertised on February 7,
2019 and that the Area Plan Commission at its public hearing on February 19,2019 took the following action:
Upon a motion by Oliver Davis,being seconded by Elizabeth Maradik and unanimously carried,a
proposed ordinance of 832 ST RD 23 LLC to zone from GB General Business District to MU Mixed
Use District, property located at 832 South Bend Avenue, City of South Bend,is TABLED
INDEFINITLEY.
The deliberations of the Area Plan Commission 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,
P.
Lawrence P. Magliozzi
Attachment
CC: 832 ST RD 23 LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8 ROSELAND
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Area Plan Commission RECEIVED
County-City Bldg. 4th Floor
South Bend, IN 46601 FEB 1 3 201,i
February 13, 2019,via email AREA PLAN COMMISSION
Dear Commissioners and Staffers:
In reference to Rezoning request of 2307 Edison Rd.,SB, IN APC# 2887-18, please consider my objections
to the following concerns:
1) Inadequate Parking. I am the owner of the property behind this property in part to the North,
and next door to this property to the East,both operated by McGann Hay Funeral Homes,
University Chapel and the American Cremation Society. Please see the attached highlighted copy of
their site plan showing my land. Having been the adjacent property owner here since 19841 have
known both Pizza Hut then Heavenly Hams to occupy the proposed property asking for rezoning.
In that time parking has ALWAYS been insufficient for the business being operated and their
customers have ALWAYS overflowed on a daily basis into my parking lots being the closest
parking lots to park in when their lot is full. Moreover,an ingress and egress for the new building,
as suggested in the staff recommendations,would require their traffic in addtioion to Edison Rd.
driveway to enter/exit at the rear and cut across my property,to cut down on traffic on Edison Rd.,
which there is no easement for.
2) Hidden in the back of this proposed large three story building are the only six (6) parking
spaces (two per floor). With the proposed hidden parking being,and all so those drivers pulling
into their property will see that it is much easier to just pull into my parking area which is much
more visible from the street. When entering and exiting onto Edison it really must be a pretty quick
turn to avoid traffic which is often backed up in the westbound lanes at red light often 200-300
feet to the east of this properties existing driveway. There is no middle turn lane on this part of
Edison Rd.,which is a very heavily travelled street with the nearby intersection with Ironwood.
3) The placement of the building is proposed to be very close to the front Right of Way,although it
may be allowed within the new zoning requirements it is far from the best placement of this
three story building on the property as an undersized lot. There are no other even two story
buildings in the commercial area near this intersection of Edison and Ironwood and would seem to
me to be very out of place for the area.
4) Semi Trucks,heavy trash and delivery trucks will have a very difficult time gaining access to
this building as it has in the past. Often blocking the very heavy traffic as they attempt to back
up off of Edison into a lot where it is impossible to turn around. So,what ends up happening is the
trucks approach off my parking lots, often even driving over my concrete parking bumpers. The
heavy weight of these truck cause damage to my asphalt and bumpers.
Therefore, I respectfully request resolutions to these issues or a rejection of this rezoning request.
Very truly yours,
J. P. McGann
j. Patrick McGann, President
McGann Hay Funeral Homes
McGann Investment Co.
(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: Please explain how your variance petition addesses this criteria
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: Please explain how your variance petition addesses this criteria
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not, please skip to next section):
I) The Special Exception Use(s)being requested: Insert text
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: Please explain how your Special Exception Use petition addesses this
criteria
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Please explain how your Special Exception Use petition addesses this criteria
(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: Please explain how your Special Exception Use petition addesses this
criteria
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain
how your Special Exception Use petition addesses this criteria
* 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.
CONTACT PERSON:
Leonard Connciughtan
18512 Summer Wind Lane
South Bend IN 46637
781-844-7248
Len.bhllc it gntaiLcorn
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Sigi - re(s .1 all property owner(s),or signature of Attorney for all property owner(s):
Sigi
di - _ I ..:..1 y.. s ov1,'6if LIQ
tj
a4g {
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
2307 Edison Road
South Bend In. 46617
2) The property Tax Key Number(s)is/are: Enter property tax key number(s)
3) Legal Descriptions: A part of the southwest quarter ofsection 32 Township 38 North Range 3 east described as
follow:Beginning on the northern Boundiy of Edison Rd,North 40.00 Feel and East 140.00 Ft
From the southwest corner of said section : Thence north parallel with the west line of said section 180.00 feet.thence
east parallel with the south line of said section 85.00 Feet: Thence south parallel with the west line of said section
180.00 Feet. to the northern boundry of Edison Rd. Thence west along said northern bouncily 85.00 Feet to the point
of beginning and containing 0.351 acres more or less in St.Joseph County,Indiana
4) Total Site Area: 0.351 acres
5) Name and address of property owner(s)of the petition site:
Beach House LLC
18512 Sumner Wind Lane
South Bend IN 46637
781-844-7248
Len.bh1lc@gmall.com
gmail.com
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s),if applicable:
Name f._ lid ;i .it
Address
City, State Zip Code
Phone number with Area Code it)
E-Mail Address AREA PLAN
C MMLSS, N{
An lication#
Name and address of additional property owners,if applicable: -
7) It is desired and requested that this property be rezoned:
From: CB Community Business District Additional zoning district, if applicable
To: MU Mixed Use District
8) This rezoning is requested to allow the following use(s): Retail, Office, Residential
IF V ARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
I) List each variance being requested. Contact Commission Staff ifyou need assistance with wording.
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: Please explain how your variance petition addesses this criteria
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock m.
Mayor, City of South Bend, Indiana
PETITION FOR ZONE MAP AMENDMENT
City of South Bend,Indiana
I(we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: Filed in Clerk's Office
2307 Edison Road
South Bend In. 46617 DEC 31 2018
2) The property Tax Key Number(s)is/are: Enter property tax key number(s) KAREEMAC-i FOWLER
CITY CLERK,SOUTH BEND,IN
3) Legal Descriptions: A part of the southwest quarter of section 32 Township 38 tint-Range 3 easl-described as
follow: Beginning on the northern Boundry of Edison Rd, North 40.00 Feet and East 140.00 Ft
From the southwest corner of said section: Thence north parallel with the west line of said section180.00 feet. thence
east parallel with the south line of said section 85.00 Feet: Thence south parallel with the west line of said section
180.00 Feet. to the northern boundry of Edison Rd. Thence west along said northern boundry 85.00 Feet to the point
of beginning and containing 0.351 acres more or less in St.joseph County, Indiana
4) Total Site Area: 0.351 acres
5) Name and address of property owner(s)of the petition site:
Beach House LLC
18512 Summer Wind Lane
South Bend IN 46637
781-844-7248
Len.bh1lc@gmail.com
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Name
Address _
City, State Zip Code
Phone number with Area Code
E-Mail Address FC 0 2018
Name and address of additional property owners,if applicable: AP,E eyttr9
r ;
7) It is desired and requested that this property be rezoned:
From: LB Local Business District Additional zoning district, if applicable
To: MU Mixed Use District
8) This rezoning is requested to allow the following use(s): Retail, Office, Residential
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) List each variance being requested. Contact Commission Staff if you need assistance with wording.
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: Please explain how your variance petition addesses this criteria
(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: Please explain how your variance petition addesses this criteria
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: Please explain how your variance petition addesses this criteria
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) The Special Exception Use(s)being requested: Insert text
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: Please explain how your Special Exception Use petition addesses this
criteria
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Please explain how your Special Exception Use petition addesses this criteria
(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: Please explain how your Special Exception Use petition addesses this
criteria
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain
how your Special Exception Use petition addesses this criteria
* 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.
!
Filed in Clerk's Office
CONTACT PERSON: _ -----
Leonard Connaughton
18512 Summer Wind Lane DEC 3 1 2013
South Bend IN 46637 l
_
781-844-7248 KAREEMAH FOVVLER
Len.bhllc@gmail.com CITY CLERK.SOUTH 1Fn�r 1*I I
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Sig re(s ` all property owner(s),or signature of Attorney for all property owner(s):
iltilai
L�iliI - - Z iAowr6e- L`LC-
DEC o 2010
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