HomeMy WebLinkAboutZoning - 721, 723 & 725 Howard St r i
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ORDINANCE No. 8273-92
Passed by the Common Council of the City of South Bend, Indiana
July 13, 92
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Attest: City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 14, 92
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City Clerk
IRENE K. GAMMON
Approved and signed by me a ( ig 9"
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ORDINANCE NO. 6 oZ 73- ,Y;
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 721, 723, 725 HOWARD STREET,
IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION I. Ordinance No. 4990-68, as 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:
PARCEL I:
A lot or parcel of land Forty-two (42) feet in width, East and
West, taken off of and from the entire width of the East end of
Lot Numbered Seventy-six (76) as shown on the recorded Plat of
Edward Sorin's Second Addition to the Town of Lowell, now within
and a part of the City of South Bend.
PARCEL II:
A tract or parcel of land described as follows, to-wit:
Beginning at a point on the South line of Lot Numbered Seventy-
six (76) in Sorin's Second Addition to Lowell, now a part of the
City of South Bend, Ninety-three (93) feet West of the Southeast
corner of said Lot; thence East Fifty-one (51) feet; thence
North to the North line of said Lot; thence West Fifty-one (51)
feet; thence South to the place of beginning.
Commonly known as 721, 723, 725 Howard Street, South Bend,
Indiana, 46617
Tax Key No. : 18-5104-3632
be and the same hereby established as "B" Residential, "A" Height
and Area.
SECTION II. This ordinance shall be in full force and
effect from and after its passage by the Common Council, approval
by the mayor, and legal description.
M BE• OF COMMON COUNCIL
I signed only to provide an
opportunity for public discuss1un
„and council action on the issue..
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Date Filed Application No. /
Date received by the Area Plan Commission
AMENDED P E T I T I O N
The Religious Order of St. Matthew, owner of the real estate
located at 721, 723, 725 Howard Street, South Bend, Indiana,
hereby makes application to the Common Council of South Bend,
Indiana to amend the South Bend Zoning ordinance from "A"
Residential, "B" Height and Area, to "B" Residential, "A" Height
and Area. In support of its application, the property owner
submits the following:
1. The property to be rezoned is located at 721, 723, 725
Howard Street, South Bend, Indiana, at the intersection of Howard
Street and St. Peter Street. Photographs of the property as
viewed from Howard Street and St. Peter Street are attached to
this application for reference.
2 . The name and address of the property owner is the
Religious Order of St. Matthew, c/o Fr. George Miller, OSM,
Genesis Vicariate, 725 Howard Street, South Bend, Indiana, 46617;
Telephone: (219) 277-4728.
3. The name and address of the contingent purchaser of the
property is the University of Notre Dame, du Lac, c/o James
Lyphout, Business Affairs Office, Administration Building, Notre
Dame, Indiana, 46556; Telephone: (219) 239-6646.
4 . It is desired and requested that the property be rezoned
from "A" Residential, "A" Height and Area to "B" Residential, "A"
Height and Area.
5. This rezoning is requested to allow the following use:
Office and apartments.
The rezoning for this use will be of benefit to the property
and surrounding neighborhood. The University of Notre Dame has
offered to purchase the property, subject to rezoning, for use as
the offices of the Notre Dame Law School Legal Aid Clinic. The
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three (3) offices for client interviews. The clinic will be
staffed full-time during the 1992-1993 academic school year with
two full-time faculty members who direct the clinic and supervise
the law student interns who work at the clinic, as well as a
full-time office manager. Approximately ten (10) law student
interns will work at the clinic at any given time. The clinic
will be open between 8:00 a.m. and 5:00 p.m. Monday through
Friday.
At the present time, the units of the building which face
Howard Street, with the addresses of 721 and 723 Howard Street,
are used as apartments. The current zoning is "A" Residential;
however, those units had been a duplex house prior to the
effective date of the "A" Residential zoning amendment and are a
legal non-conforming use as multi-family dwellings.
On October 23, 1986 the South Bend Board of Zoning Appeals
granted variances allowing non-contiguous parking for the
property and variances from the lot coverage restrictions and
set-back requirements. However, the variance granted to allow
the use of a non-contiguous parking lot no longer is valid. The
change of zoning will require compliance with current off-street
parking regulations. The proposed use will require one (1) off-
street parking space for each of the two (2) apartment units and
an estimated thirteen (13) off-street spaces for the office use.
Petitioners will petition the South Bend Board of Zoning Appeals
for a variance from the parking requirements to permit use of one
two-family dwelling without the required one (1) off-street
parking space and to permit the office use with no (0) off-street
parking spaces instead of the required thirteen (13) .
Petitioners believe there is sufficient on-street parking to
accommodate the parking needs for the property and that on-street
parking is preferable to locating a paved parking lot in the
surrounding residential area.
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church offices and apartment on the second level of the unit.
It is anticipated that the Notre Dame Legal Aid Clinic will use
the 725 Howard Street unit as its offices initially and will use
the units at 721 and 723 Howard for faculty and staff housing.
The apartment units may be used to expand the offices of the
Legal Aid Clinic at a later date.
The rezoning will allow use of the building to provide
services to members of the immediate neighborhood. The rezoning
also will result in ownership of the property by an institution
which will maintain the property in a manner consistent with the
values of the neighborhood.
6. Attached is a copy of (a) legal description of the
property; (b) a list of names and addresses of all property
owners within 300 feet of the petition property; (c) five (5)
site plans; and (d) addressed, stamped envelopes for all property
owners within 300 feet of the petition property.
7. By signing this petition, the property owner and the
contingent purchaser understand that if the Council approves this
petition to rezone, it may be approved subject to the submittal
of a final site plan. A final site plan must be submitted to and
approved by the Area Plan Commission within one (1) year of the
Council's action. In addition, a building permit must be issued
for the use indicated on the petition within one (1) year
following the approval of the final site plan. Failure to submit
a final site plan or obtain a building permit within the
specified time period, causes the zoning of the petitioned
property to revert to the initial zoning classification. Under
certain conditions, a time extension on the submittal of the
final site plan may be requested.
RELIGIOUS ORDER OF ST. MATTHEW
BY: GCS
mes . Masters, #9074-71
EMET , MASTERS & LEONE
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Legal Description:
SECTION I. Ordinance No. 4990-68, as 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:
PARCEL I:
A lot or parcel of land Forty-two (42) feet in width, East and
West, taken off of and from the entire width of the East end of
Lot Numbered Seventy-six (76) as shown on the recorded Plat of
Edward Sorin's Second Addition to the Town of Lowell, now within
and a part of the City of South Bend.
PARCEL II:
A tract or parcel of land described as follows, to-wit:
Beginning at a point on the South line of Lot Numbered Seventy-
six (76) in Sorin's Second Addition to Lowell, now a part of the
City of South Bend, Ninety-three (93) feet West of the Southeast
corner of said Lot; thence East Fifty-one (51) feet; thence
North to the North line of said Lot; thence West Fifty-one (51)
feet; thence South to the place of beginning.
Commonly known as 721, 723, 725 Howard Street, South Bend,
Indiana, 46617
Tax Key No. : 18-5104-3632
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AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
June 17, 1992
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of the Religious Order of St.
Matthew to zone from "A"Residential, "A" Height and Area to "B" Residential, "A"
Height and Area, property located at 721, 723, and 725 Howard Street, City of
South Bend - APC #1453-92
Dear Council Members:
The above referenced ordinance and site development plan of Religious Order of
St. Matthew was legally advertised June 4, 1992 and June 6, 1992. The Area Plan
Commission at its public hearing on June 16, 1992, took the following action:
Upon a motion by Joseph Zappia, being seconded by Joseph Serge and carried, the
proposed ordinance and site development plan of the Religious Order of St.
Matthew to zone from "A" Residential, "A" Height and Area to "B" Residential, "A"
Height and Area, property located at 721, 723, and 725 Howard Street, City of
South Bend is sent to the Common Council with a favorable recommendation, subject
to a final site development plan. The Commission normally recommends that
rezoning decisions be based on land use and the appropriateness of the site for
the requested zoning district and not on the organization or individual
requesting the rezoning. The rezoning of this site, together with the recent
rezoning for the nearby Pandora's Bookstore, whose customers will also park on
the street, will no doubt cause on-street parking problems.
However, while granting this petition will result in a further intrusion into
this single-family residential neighborhood and the proposed use may result in a
more intensive use of the property than has occurred in the recent past, the
uniqueness of the structure located on the subject site gives cause for treatment
different from similarly situated sites within the neighborhood. Therefore this
rezoning, if approved, along with the recent rezoning of the bookstore site
should not be used to persuade the Common Council to rezone additional land (some
of which is vacant) within this neighborhood.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
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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.
Attached, for your consideration in the review of this matter, is a copy of the
Area Plan Commission's Staff Report.
Sincerely, .
loop
(Rr y Johnson
RSJ:sr
Attachment
CC: Religious Order of St. Matthew
CC: University of Notre Dame, du Lac
CC: James A. Masters
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STAFF REPORT June B, l ODD
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Religious Order of St . Matthew 1453-92
Location: 721 , 723, and 725 Howard
Street
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "A" Residential , "A" Height and Area to
"B" Residential , "A" Height and Area to allow
offices and apartments.
EXISTING LAND USE: The property contains a building that houses a
church, church offices, and two apartments.
SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes
zoned "A" Residential; to the east is vacant
land and single-family homes zoned "A"
Residential , and a bookstore that is zoned
"C-1" pending the approval of a final site
plan; to the south is a park zoned "A"
Residential ; and to the west are single-family
homes zoned "A" Residential .
ACCESS: Access to the site is from St . Peter Street .
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 6,800 square
feet . Of that , the buildings will occupy
2,760 square feet , or 40.6 percent of the
site; the parking and drives will occupy 1 ,500
square feet, or 22 percent of the site; and
2,540 square feet or 37.4 percent of the site
will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, wetlands, flood or environmental
hazard areas are present .
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The petitioner has applied for a parking
variance from the required 14 spaces to 0
spaces.
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REZONING FROM "A” RESIDENTIAL, "A" HEIGHT AND AREA APC #1453-92
TO: "B" RESIDENTIAL, "A" HEIGHT AND AREA
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL I I
"B" RESIDENTIAL
"C" COMMERCIAL
"C-1" COMMERCIAL
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Your Committee of the Whole
to whom was referred
BILL NO.
36-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 721, 723, 725 HOWARD STREET, IN THE
CITY OF SOUTH BEND, INDIANA.
Respectfully report thdt they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello
Chairman