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Home My WebLink AboutBill 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 Y Y g DAV'wt �✓1 ��, �� 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: Con yAf , �er��/I a-' 5-tn Fo-M� y �OKC tO 6� 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 4 pq'W N P�1.JOf��S 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: '1 5 M do il C- i nS I dc e p � �uf fx 1 yr 1 J (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� a5 Ltdk/1714fX, (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 -0 Pr,cne f�ur�ab�.r. . ` 0 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. proper Uv�ir (s;: t s I a U 0 w hro I I j iQV?v Jaj� � �. tS � � -l•�V11 I�►'�p1�,h4 jy I j vi ! I ! I I I I I � ( ► `�� i l l l l G i70 I i � i I I L z f7 I -N(h�l�y�y J•y_l,7 l � � �n�Pw7 I J V • � i f t "IV �•7 c l Q q- .� � v � Filet! ar,. 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 - 2 - City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN46601 (574) 235-7627 April 5,2022 Common Council of South Bend 227 W.Jefferson Blvd,4"Floor South Bend, IN 46601 Re: Bill#11-22: The petition of PREMIER PROPERTY COMPANY LLC seeking a Special Exception for Dwelling,Two Units in the U1 Urban Neighborhood 1 for property located at 1033 OAK ST Dear Council Members: I hereby Certify that the above referenced petition of PREMIER PROPERTY COMPANY LLC was legally advertised on March 25,2022 and that the South Bend Board of Zoning Appeals at its public hearing on April 4,2022 took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Caitlin Stevens and unanimously carried, a petition by PREMIER PROPERTY COMPANY LLC seeking a Special Exception for Dwelling, Two Units for property located at 1033 OAK ST,City of South Bend,is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Zoning Administrator Filed in Clerk's Office APR 0 6 2022 L)AWN M.JONES Attachment CITY CLERK, SOUTH BEND,IN CC: PREMIER PROPERTY COMPANY LLC Matt Lehman Report ` • 1 14 April 4, 2022 Property Information iled It ii Clerk's Office Location: 1033 OAK ST �� M. Owner: PREMIER PROPERTY COMPANY LLC APR U 6 202Z Project SummaryDAW ._.._.NES Converting a Dwelling, 1 unit to a Dwelling 2 Unit. [IF ti'C E K JONES SOUTH BEND,IN Requested Action Special Exception: Dwelling, Two Units Site Location s — W yak St J - Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation, as presented. SOUTH BEND BOARD OF ZONING APPEALS Pagel of4 Staff Report—BZA#0104-22 April 4, 2022 Proposed Site Plan PtA gQ �� Clon+ (YgeV 9e BR z a O J Lp'r,rek� <Wrcnl-uirr — -- y a� I JR 4jsMH� Bk Qz M� <orimf f,o.rp6n 6w�ld uaM b�»4 ERIaK�r emu- Ad 6r� owr File-;! ir, Clerk's Office APR J 6 2022 AA SI CITY CLERK OUOTH BEND, IN SOUTH BEND BOARD OF ZONING APPEALS Page 2 of Filed in Clerk's Office APR 0 - 202'I_ Staff Report- BZA#0104-22 DAW M.JONES April 4, 2022 CITY CLERK,SOUTH BEND, IN Criteria for Decision Making: SpecialException 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; Approval of the Special Exception will not be injurious to the public health, safety, morals and general welfare of the community. The severe loss of population - a decline of 75% - that the neighborhood has experienced over the past fifty years has led to a decrease in the stability and general welfare of the community. Reactivating a current vacant building will add more residents to the neighborhood, which will increase safety and general welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Adding an additional unit to an existing building should not injure or adversely affect the use or value of the adjacent area or property values, provided the current residential character is maintained. Renovation of the building should strengthen nearby property values and prevent the building from being demolished. The proposed site plan shows no changes to the exterior of the building, preserving the single unit appearance. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; This two unit dwelling will be consistent with the character of the district and neighborhood in both use and style of construction. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. The Lincoln Park Neighborhood Revitalization Plan (2012) states "Existing multi-family housing located in the neighborhood that utilize originally built single-family structures are supported but opportunities to revert these properties back to single family are also encouraged." Page 19. Analysis & Recommendation Analysis: Conversion of single-unit dwellings to two-unit dwellings should be done with care. The current proposal appears to be sensitive to the current conditions of the structure. The conversion and rehab of a current one unit dwelling to a two unit dwelling will further complement the existing housing stock in the surrounding area and be visually indistinguishable from nearby 1-unit dwellings, as well as providing more housing options for residents. The petitioner is proposing no significant changes to the exterior of the building, leaving the option to revert back to a single unit dwelling in the future. SOU I If BEND BOARD OF ZONING APPEALS Pagc I of'4 Filed in Clerk's Office [APR 0 6 2022 Staff Report—BZA#0104-22 CIT DAWN JONES Y CLERK, SOUTH SEND,IN April 4,2022 As the broader neighborhood has lost over 56% of its housing units over the past half century, allowing for the creation of a new housing unit while renovating an existing building is a positive development for the neighborhood. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation, as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4