HomeMy WebLinkAboutBill No. 11-22 Special Exeception Use: 1033 Oak Street City of South Bend
BOARD OF ZONING APPEALS
3.8.22
Honorable Lori Hamann
4th Floor, County-City Building —__N P �, :_-i
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South Bend, IN 46601 CITY CLERK,WU I.H BEN®, IN
RE: Special Exception Use at 1033 Oak Street
Dear Committee Chair Hamann:
Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your March 14th
2022 Council meeting and set it for public hearing at your April 11th Council meeting. The petition is
tentatively scheduled for public hearing at the April 4th South Bend 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:
Converting a Dwelling, 1 unit to a Dwelling 2 Unit.
If you have any questions, please feel free to contact our office.
Sincerely,
Joseph Molnar
Zoning Specialist
CC: Bob Palmer
County-City Building 1227 W.Jefferson I South Bend, IN 466011 574-235-7627 1 www.southbendin.gov/zoning
Cfty of South Bend
BOARD OF ZONING APPEALS
Petition for Variance - Special Exception
Property Information
Tax Key Number: q 77 5
Address:
Owner: tJye Wl I er
ra4e j' f`)/ C Of'j?gel n V
Zoning: Choose the current district
Project Summary:
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Requested Action
❑ Special Exception — complete and attach Criteria for Decision Making
Use requested:
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
MAR U 8 2022
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CITY CLERK,SOUTH BEND,IN
Required Documents
® Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
❑ Filing Fee
Criteria for • •
Variance(s) -If applicable
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. Please address how the project meets the following criteria:
(1)The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because: vo r
de the bore e
(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, because:
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(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because: f5 no� —,7nP�
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(4) The variance granted is the minimum necessary, because:
(5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
Property o ner(s) of the petition site:
Name. 1���'►�Cru (Om aaa
Address:
Narne�
Address
N a rne
Address --
Contact Person:
Name
Address _J l I l
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Pr,cne f�ur�ab�.r. .
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E-mail _ �'�
By signing this petition, the Petitioner/Property Owners of tho above described Real
Estate ,acicni�ouArled%E� they are reasponsWe for understanding and complying with the
South Beak! Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a regUirement does riot imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before thv ::ac1uth Hand Plan Commission and Common Council and to answer any and
all questions related to this petition.
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BILL NO. 11-22
ORDINANCE NO. DAwev i,,;.
CITY CLERK, SC.iI'H REND, 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 1033 OAK STREET,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Converting a Dwelling, 1 unit to a Dwelling 2 Unit.
Petitioners desire to seek a Special Exception Use for Dwelling, 2 Units for property
located 1033 Oak 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:
1033 Oak Street 018-1033-1456 71-08-02-379-039.000-026
In order to permit an Dwelling, 2 Units
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.
Sharon McBride, 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 2022, at
o'clock M.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
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