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Home My WebLink About22-20 Special Exception: 817 Elmer Steert (Daycare) ,.a i":;!r ' S Office City of South Bend 3 2020 BOARD OF ZONING APPEALS JUN n _ 1 vAvVN M.JONES CITY CLERK, SOUTH BEND, IN 6/3/2020 Honorable Sharon McBride 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 817 ELMER Dear COMMITTEE CHAIR 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 8th Council meeting and set it for public hearing at your June 22nd South Bend Council meeting. The Board of Zoning Appeals will hear the petition at their June 8th 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: Operate a Daycare Center If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Administrator CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 22-20 JUN n 3 2020 DAWN M.JONES ORDINANCE NO. CITY CLERK, SOUTH BEND, IN 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 817 ELMER, SOUTH BEND, IN 46628 STATEMENT OF PURPOSE AND INTENT Operating a daycare center Petitioners desire to seek a Special Exception Use for a Daycare Center for property located 817 Elmer South Bend, IN 46628. 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: 817 ELMER SOUTH BEND, IN 46628 71-08-03-404-008.000-026 In order to permit a DAYCARE CENTER 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#0013-20 June 8, 2020 Property Information Filed in Clerk's Office Location: 817 ELMER ST --_-- Owner: MELINDA S MAEFIELD JUN n 3 2020 Project Summary - DAWN M.JONES Opening a daycare center. CITY CLERK, SOUTH BEND,IN Requested Action Special Exception: a Day Care Center in a U1 Urban Neighborhood 1 District Site LocationilIRMA _ _ h me 4 mit, 14.....,, ip, .1F 1.1 !.\ 9 li ,, , Yr. E L '-' .. A 1�'In Blvd • _ A 4-' ,, - . , 4 ! r -, • ! " 9 Y 44144b)._ f:: Ad 'If' •LII, Mk, : --.!,,, , Itif:,c4i.is ‘.1 • _- . . . ■ _ • • .. ...,_„. ., „, _ _, 1 . , ,. 4,.., . .. . L., ., \ _ I ..., .,,.: .....,....„ ._ _ .., i .. -.• ........, _ , .. ..... :... i P 4_ ..-- t ... "pi, „LI , . ,,:,.., _.!..._.___ .,.. _ A _ ,,,..._ •ED 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. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0013-20 June 8, 2020 Proposed Site Plan v:4-* - . iti, w M Z ilirWOgast Blvd '' `',. W Prast Blvd W Prast Blvd ` ' € mow,, m p r.- k""..16JiAgsr411Vp _ — .r ur. . 4 ,t �I ; k 2 A _iv a s• . iiii .. 40 • ir {Ai R S. }' K 11, 44��M�� " 1,144% 4 x�'I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0013-20 June 8, 2020 Criteria for Decision Making: Special Exception The petitioner is seeking a Special Use to allow: a Day Care Center in a U1 Urban 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; The addition of a small scale Day Care Center will not be injurious to the public health, safety, morals and general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The Day Care Center will be managed in a way that is concurrent with the residential character of the neighborhood in which it is embedded. Provided the center retains the existing character of a traditional single family house, it should not affect the surrounding properties in a substantially adverse manner. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; Day Care Centers are not out of character with the S1 Suburban Neighborhood 1 Districts. This Special Exception is needed because the owner will not live on the premises. The owner has demonstrated a willingness to manage the property by providing needed repairs to the structure and continue to keep the property consistent with its former use as a single family home. (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 ED 7: Support neighborhood-based economic development. A Day Care Center is a good example of neighborhood development and redevelopment such as this Day Care Center as long as it is in character with the neighborhood. Analysis & Recommendation Analysis: Permitting a Day Care Center imbedded in a neighborhood but also near a primary arterial street will provide easy access for parents seeking childcare for their children. 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. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3