HomeMy WebLinkAboutBill No. 50-22 Special Exception 832 South Bend Ave Filed in Clerk's Office
St-' 0 7 ?or
City of South Bend
DAWN M.JONES
CITY CLERK, SOUTH BFND IN
BOARD OF ZONING APPEALS
September 7, 2022
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception Use at 832 South Bend Ave.
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 September
12, 2022, Council meeting and set it for public hearing at your October 10, 2022, Council meeting.
The petition is tentatively scheduled for public hearing at the October 3, 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 construct a 1 Unit Dwelling.
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,
(R40.111 13276-2
Rachel Boyles
Zoning Specialist
•
CC: Bob Palmer
County-City Building 227 W.Jefferson I South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning
• City of South Bend W.W. Jefferson - Suite 1400S
S..,Uth Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition �� o Special Exception RECEIVED AU6 111 NO
Property Information
Tax Key Number: 018-5031-1111
Address: 832 South Bend Avenue, South Bend, IN 46617
Owner: Shamrock Realty Group LLC •
Zoning: NC Neighborhood Center
Project Summary:
832 South Bend Avenue is zoned as a neighborhood center which does not allow for the
construction of a 1 unit dwelling. We petition the ability to construct a 1 unit dwelling on the
specified property in contrast with the current zoning regulations.
Requested Action
❑✓ Special Exception — complete and attach Criteria for Decision Making
Use requested:dwelling, 1 unit
0 Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
SLP 0 7 2022
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
Required Documents
✓❑ Completed Application (including Criteria for Decision Making and Contact Information)
❑✓ Site Plan drawn to scale !PAID
0 Filing Fee
AUG 1 0 2022
-1
I
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:
The proposed use would simply allow the construction of a 1 unit dwelling in
a neighborhood that already has a number of 1 unit dwellings. The properties
surrounding 832 South Bend Avenue are zoned as U1, U2, U3 and UF which
all allow the construction of 1 unit dwellings. This project would not change
the fabric of the neighborhood.
(2)The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The properties surrounding 832 South Bend Avenue are zoned as U1, U2,
U3 and UF which all allow the construction of 1 unit dwellings. This proposed
use will fit in with the adjacent area and will have a positive impact on the
property values in the area.
(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:
The properties surrounding 832 South Bend Avenue are zoned as U1, U2,
U3 and UF which all allow the construction of 1 unit dwellings. This project
would not change the fabric of the neighborhood and falls in line with the land
uses of the neighboring properties.
(4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
1 unit dwelling would encourage a pedestrian friendly neighborhood.
Filed in Clerk's Office
DAWN Ari.JONES
CITY CLERK, SOUTH BEND, IN
. ,
-1
.Criteria for Decision Making
,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:
(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:
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
1
(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:
Filen in Clerk's Office
SO 0 7 ?o??
DAWN M.JONES
CITY CLERK. SOUTH BEND, IN
Contact Information
Property owner(s) of the petition site:
Name: Matt Desalvo
Address:
52 Dawn Harbor Lane, Riverside, CT 06878
Name: Corey Desalvo
Address:
Name:
Address:
Contact Person:
Name: John Spalding
Address: 106 Lincolnway E Hwy, Mishawaka, IN 46544
Phone Number: (574) 514 - 6644
E-mail:
john@spaldingdesigngroup.com
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:
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SEN 0 7 ?O77
DAWN M.JONES
CITY CLERK, SOUTH BEND, IN
`,Filed in Cies w ,Office
SLN 0 7 2022
DAWN IM. JONES
CITY CLERK,SOUTH BEND, IN
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