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HomeMy WebLinkAboutBill No. 33-22 A Special Exception Ordinance for Property Located at 1908 E. Calvert St. f i . i-i Clerk'sjOffic]e ,I 0 City of South Bend J)".VYNM.JONES _ - '-RK,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 1908 E Calvert 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: A Special Exception to allow for a duplex. 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, t�? 46a f7&r- Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson I South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning Clerk's Office f i 0 .52027 BILL NO. 33-22 _._ '. " 30(JTH 8EN©,IN ORDINANCE NO. 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 1908 E CALVERT ST. COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 1908 E Calvert St. 71-09-18-477-002.000-026 In order to permit Dwelling, 2 Unit 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 In. 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 :ers Office �'M� . 02?f'��'JiNESCCi YCAE - I H BEND,IN - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov SpecialPetition for Variance - - . . Property Information 018-7105-3763 Tax Key Number. �z — Address: _ Owner: — � �d.�rt+� IVlpt`� c flc. -� i is Zoning: Choose the current district � ^�l (�L2 Project Summary: I9 0 t C'a, Vbr,+ S+ 403 Tw-o �R-kxt(� CLAI C&O-1-1 k &iA, rkb+ 0. 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: Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale —� in Clerk's Office ❑ Filing Fee ! 0 F 202Z f /,1"dlJ M.JONES �C,:----F;K, SOUTH BEND, IN JUL 0 5 2022 DAWN M.JONES CITY CLERK.SOUTH 8END,IN Criteria for Decision Making 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: aLe'cv� U"Ll IALk' q..&. CL 04-LX u-�'" (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: �y -L I c CA S ovt i-� Pc,,,44 Aau^e) I c1.+�"K e 4 WLI�N�tAA�'s, t� 1� � �r «nG( o�p pA ✓>�" ot�d.e,�" V (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: (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: l 4L ,--,C Ut I / I, I t1S+zv1 t,5� 3 , ecs�l�i^-Q S 1 T-v PJ►, ev�d L left i Vle.v-S C I iled in Clerk's Office 0 5 202? DMN M.JONES CITY CLERK, SOUTH BEND,IN Contact Information Property owner(s) of the petition site: Name: t�A LUwu'�G� Address: jLj cl &4_�)2N Name: Address: 3 - el- Name: Address _- - -- - Contact Person: Name: Address: Phone Number r?7� �� 7741) E-mail k•l,+,V" MA.elt-Q _ t_it--lCM 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: i in Clerk's Office 5 2Q22. Susan Mwangi&Andrew Mwangi L'.!L 0 Homeowners DAWN M.JONES UTY CLERK,SOUTH BEND IN 3619 Langley Dr -------- -� South Bend IN 46614 mwangiandrew@outlook.com City of South Bend Board of Zoning Appeals 227 W.Jefferson Ste 1400S South Bend IN 46601 Petition for Special Exception: 1908 E Calvert St South Bend We are requesting an exception at 1908 E Calvert St South Bend residence zoning change from single family to two family dwelling. At the time of purchase in March 2019 the home was listed in MLS as a duplex,it was already in use as a duplex,it already had split utilities with two NIPSCO meters and two AEP electric meters.AEP currently sends separate electric bills for each unit. The two story property had two units.The upstairs had its own separate entrance served by an exterior stairwell featuring a living room,a kitchen,2 bedrooms and a bathroom.The downstairs unit had its own 2 separate entrances and featured a living room,a kitchen,2 bedrooms and a bathroom.The St.Joseph County Assessor's currently has the property recorded as a residential two (2) family dwelling as of the date of this letter. We are in the process of making cosmetic upgrades following the city codes and zoning requirements.We have followed protocol and had licensed contractor labor and city inspectors visit the home to clear and approve the upgrades.This is a reapplication request to the zoning board.At the time of the first application request our general contractor was in charge.We were unaware of the requirement to be present at the meeting in person.The general contractor in place assisting us with the application indicated the proposition was brought forth at the zoning board and was approved.It's unfortunate we were misinformed,but as the homeowners we do plan to attend the series of meetings as requested and see a successful conclusion to this matter. Thank you for your attention and consideration. Sincerely 0 I Susan Mwangi&Andrew Mwangi Homeowners 1908 e Calvert St,South Bend 1N