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Home My WebLink About23-20 Special Exception: 3610 Keller Street Filed in Clerk's Office City of South Bend -- BOARD OF ZONING APPEALS JUN (13 2020 DAWN M.JoNES CITY CLERK,SOUTH BEND,IN 6/1/2020 Honorable Chairwoman McBride 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 3610 Keller Street Dear Chairwoman McBride: Enclosed is an Ordinance for the proposed Special Exception Use the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 8, 2020 Council meeting and set it for public hearing at your June 22, 2020 Council meeting. The petition is tentatively scheduled for public hearing at the June 8, 2020 Board of Zoning Appeals meeting. The recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: East Side Baseball Softball Association inc is requesting for these 6 vacant lots a Special Exception for the use of a Parking Lot in the S1 Suburban Neighborhood 1 District. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson I South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning f=iled in Clerk's Office JUN 0 3 2020 BILL NO. 23-20 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3610 KELLER STREET, SOUTH BEND, IN 46628 STATEMENT OF PURPOSE AND INTENT Petitioners desire to seek a Special Exception Use for a Parking Lot in a S1 Suburban Neighborhood 1 District for property located 3610 Keller Street. NOW, THEREFORE, BE IT ORDAINED 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 Advisory 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: 3610 Keller Street, 024-1001-0539, 024-1001-0540, 024-1001-0541, 024-1001-0542, 024-1001-0543, 024-1001-0544 In order to permit a Parking Lot in a S1 Suburban Neighborhood 1 District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, 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 , 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2020, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - Staff Report — BZA#0011-20 June 8, 2020 1 ed in Clerk's Office Property Information Location: 3610 KELLER ST JUN n 3 2020 Owner: East Side Baseball Softball Association Inc. I DAWN Xv JOQS Project Summary —I CITY CLERK, SOU—''BEND, IN East Side is requesting to build a parking lot on six vacant lots currently zoned Si Suburban Neighborhood 1 District. Requested Action Special Exception: a parking lot in a 51 Suburban Neighborhood 1 District Variance(s): 1) From the minimum 25' front setback to 20' Site Location • - -:: -r.r.7116,- -lig - ,. -. 1-....;*-7,7:-,' ..wf Ti ,A. - ° -'1* 1 Illn::: ' . -.1 n i I.,K1nl",.11N fes_. . i t w m rF '. -- : fk-n. rw..., ,.; . - ----. 7,Firri ; Lis . - Iwo iii ; ; -:1 •• �. 1111111111!� MOM E Charles St• _ - _" I '_ HHIHIUE- _ +„, , 'e'er '0 f = ,, , ..:...11111111118 ....4... • �_ E ( St T: �! 1111111111 � . '■ B . Staff Recommendation Based on the evidence available prior to the public hearing, the staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation and approve the variance, as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report— BZA#0011-20 June 8, 2020 Proposed Site Plan --15:C. d!' 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IU ,,,, . x...0. imii0 ■ 010I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0011-20 June 8, 2020 Criteria for Decision Making: Special Exception The petitioner is seeking a Special Use to allow: a parking lot in a S1 Suburban Neighborhood 1 District A Special Use may only be granted upon making a written determination, 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; Due to the rural nature of Keller Street it will not be injurious to the public health, safety, morals and general welfare of the community for the Special Exception for a parking lot to be granted. The removal of street parking on Keller Street and into a parking lot should increase safety and confusion coming into and leaving the little league facilities. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use will not injure or adversely affect the surrounding properties value. The use and value of surrounding properties may improve as the area would have increased ease of use. While zoned S1 Suburban Neighborhood 1, it is not surrounded by a traditional neighborhood setting. The property is surrounded by the baseball fields and vacant residential lots. (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 majority of the area consists of the East Side Little League facilities and vacant land. The parking lot will be consistent with the character of the neighborhood and land uses therein. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. This petition is consistent with the City Plan, South Bend Comprehensive Plan. Objective CB 7 which speaks to promoting and encouraging opportunities for the youth of South Bend while also enhancing South Bend's identity. The added parking lot will allow East Side Little League to provide more opportunities for the youth of the City. Criteria for Decision Making: Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community Due to the rural nature of Keller Street; it will not be injurious to the public health. safety. morals and general welfare of the community for the reduced setback. Keller Street is a deadened street which reduces the need for the 25' setback. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report—BZA#0011-20 June 8, 2020 (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner The majority of surrounding properties are baseball facilities owned by the petitioner. The variance for the reduced front setback should not be affect the use or value of adjacent properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Due to the depth of the lots and nature of the street, strict application would create practical difficulties in the use of the property. (4) The variance granted is the minimum necessary The parking lot has been laid out in a manner to most efficiently use the existing area to minimize the variance request needed. (5) The variance does not correct a hardship cause by a former or current owner of the property The rural nature of the street and it's general location is not a hardship created by the current or past owners of the property. Analysis & Recommendation Analysis: Due to the remote location of the facility, the proposed use and setback are appropriate for the area and consistent with the intent of the ordinance. Staff Recommendation: Based on the evidence available prior to the public hearing, the staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation and approve the variance, as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4