HomeMy WebLinkAbout19-45 Special Exeception: 407, 411, 419, 423 & 427 South Frances Street AREA BOARD OF ZONING APPEALS Filed in Clerk's Office
1140 County-City Building
227 W.Jefferson Boulevard JUN 18 2019
South Bend, IN 46601
www.sjcindiana.com KAREEMAH FOWLER
Phone-574-235-9571-Fax-574-235-9813 CITY CLERK,SOUTH 1 BEND,IN
Thursday,June 13, 2019
Common Council
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: The petition of RIVER WALK, LLC seeking a Special Use for two-family dwellings in the SF2
Single Family&Two Family District(South Bend) for property located at 407,411,415,419,423
AND 427 SOUTH FRANCES STREET, City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of RIVER WALK,LLC was legally advertised on
May 30, 2019 and that the Area Board of Zoning Appeals at its public hearing on June 12, 2019 took the
following action:
Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried, a
petition by RIVER WALK,LLC seeking a Special Use for two-family dwellings for property
located at 407,411,415,419,423 AND 427 SOUTH FRANCES STREET, 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: RIVER WALK,LLC
David Sieradzki do Century Builders
Filed in Clerk's Office
JUN 18 2019
RESOLUTION NO. KAREEMAH FOWLER
CITY CLERK SOUTH SEND,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
407, 411, 419, 423 &427 SOUTH FRANCES 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:
407, 411, 419, 423 & 427 South Frances Street
In order to permit two-family dwellings.
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.
Member of the Common Council