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Home My WebLink AboutBill No. 50-22 Special Exception at 832 South Bend Ave. Filed in Clerk's Office City of South Bend DAWNIvi.JoNES CITY CLERK,SOUTH BEND, 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, fAt4/1 112771)— — Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W.Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 50-22 SES 0 2022 DAWN JONES 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 832 SOUTH BEND AVE. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the construction of a 1 Unit Dwelling 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: 832 South Bend Ave. 018-5031-1111 In order to permit Dwelling, 1 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 . 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 Filed in Clerk's Office SEP 0 / 2022 CITY CLD K U°H BEND IN - 2 - • City of South Bend ?='7 W. Jefferson - Suite 1400S S_,uth Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition fICGVMEW390 Special Exception RECEIVED AU6 1 f in 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 ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office SEP 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 ❑ Filing Fee AUG 1 0 2022 Per,____. • 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 SEN 0 7 20?? DAWN M.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: (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 SLP 0 7 ?0?? 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 i Address: 106 Lincolnway E Hwy, Mishawaka, IN 46544 I 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: 1 " - • - '- Office SEP 0 7 2077 1 DAWN M.JONES CITY CLERK, SOUTH BEND, IN • `Filed in C{erk , Office SU 0 / 20ZZ DAWN An. JONES CITY CLERK,SOUTH BEND, IN OGS b �. mux 12'setbAck.�.._...� $ 0'front yard setback ;nos 0 NOTRE DAME AVE. 0 0 0 yy D PAN D NG iii11' SITE PLAN t1 CAI oma:61, ll, 1 ,ll '8 rww.uaa u„mw,i.c.e, tws,