The URL can be used to link to this page

Home My WebLink AboutBill No. 32-22 A Special Exception Ordinance for Propertry Located at 316 N. Olive St. ir: C:!erk's Office !I U 5 2022 City of South Bend I�',VIN M. JONES CITY C;�r..s;% SOUTH BEND, IN BOARD OF ZONING APPEALS July 6, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 316 N Olive St. 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 July 11, 2022, Council meeting and set it for public hearing at your August 8, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the August 1, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: To allow for an autobody shop. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, v&7� Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson I South Bend, IN 466011 574-235-7627 1 www.southbendin.gov/zoning Filed in Cterk's Office JUL 0 2022 BILL NO. 32-22 1._ DAWN l4P,.JC'vE5 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 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate an automotive repair shop 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: 316 N. Olive St. 71-08-03-455-001.000-026 In order to permit Vehicle Service, Minor 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: l. 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 - �eadli n� ��i 5, -��-a- -�' 0 5 2-022 /N M.JONES Cityof South Bend �- 30tJTHBEf �,�{ Jefferson - Suite 14005 . _ ._ Bend. I N 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition Property Information Tax Key Number: OAS —SC)a-E — 07 0 Address: 4) / 0 4. . I Owner: i 1 r rT le-2— Zoning: Choose the current district r Project Summary: W cx�� a C 1 �&r �v) 0"U�0 j J.. J-1 Requested Action 1K 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: Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Inform_ ation) ❑ Site Plan drawn to scale ❑ Filing Fee Clerk's Office f Y' U 5 ?022 iil-JONES C:11'0LERK, SOUTH BEND, IN ��-rr�-f�rKs Uttice 0 5 2022 r _` 'yK, SOUTH SEND, IN Criteria for • Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: W e- W ill +e Wor It ,,x� KE + de�� •� 44 c P / � d �a� e (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: vV p W ,t C- I I aw (k �C7 I vt,o, k--�. +t/A"', 0- rC-c-k ( ooK (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: S� S'e t � �dc��S �•�' (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 7kg -,f o-O,er Autovi-I VC bvs ;hesseS (c)(10 vJ O�(( J"e C 0 V��2 Y7 d �+� ohs cha Ct +�.e �+ tea ;v�S �-o �S Clerk's Office I ," JN K JONES Criteria for Decision • 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: V'f H W no (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: T�� C, e r-0 Q 1 1Ct�� w � I C:e. S= (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: (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: Filed in Clerk's Office JUL 0 5 2021? DAWN M.JONES CITY CLERK, SOUTH BEND, IN Contact Property owner(s) of the petition site: Name: A o �� Address: Name: Address: Name: Address: Contact Person: 1 Name.- Address: PQ) 14 661 Phone Number: �� 5 40 ^ V1)6V-_N E-mail: \ C_�5 �� Cht/'()�ril�l;Qc`� r—` , Cpy`1 By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner(s) Signatures: Gf 1 E w•• 1� filed in Clerk's Office �iUL 0 5 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN