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HomeMy WebLinkAboutSpecial Exception - Properties located 323 St Louis St, 325 St. Louis St, 327 St. Louis St, 618 Madison and 336 Hill St Repealing Resolution 4104-11 RESOLUTION 4237-13 Passed by the Common Council of the City of South Bend, Indiana January 28, 13 20 Attest 47-1-!...46A er' .44, ___ City Clerk gill Attest \ �1 \' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, 2013 iiii / - �� J\L _.--....d City Clerk Approved and signed by me VA/ ��� 1 Z 20 /3 . Mawr RESOLUTION NO. 2-31 43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT 323 ST. LOUIS STREET,325 ST. LOUIS STREET,327 ST.LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET,ALL IN SOUTH BEND, INDIANA AND REPEALING RESOLUTION 4104-11 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exceptions be granted for the properties located at: (323 ST.LOUIS STREET,325 ST.LOUIS STREET,327 ST.LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET,ALL IN SOUTH BEND,INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and approval of a Special Exception to allow for an Accessory Use under Section 21-02.11 (b)(2)(B)(3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2)Year period of time. SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area 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 uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21- 09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals,which are on file in the office of the City Clerk. SECTION V. Upon the adoption of this Resolution, Resolution No. 4104-11, adopted by the Common Council on May 23, 2011 shall be repealed. SECTION VI. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Flied in Clerk's Office fiat: :APPR ,VE , .e.. �, M .. ' CITY CLERK,SOUTH SEND,IN. Y 1)1-14 Danch, Hamer & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors • Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of November 13, 2012 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Diocese of Ft. Wayne-South Bend Special Exception Use Petition: Dear Council Members: Our clients are requesting the approval of two (2) Special Exception Uses for their properties located at 327, 333, 325 St. Louis Street, 336 Hill Street and 618 Madison Street. These Special Exception Uses will allow the Petitioned properties to be used for off-site parking and for a equipment storage trailer for the new St. Joseph High School Campus to be built on North Notre Dame Avenue. Our clients believe that the approval of the proposed Special Exception Uses would fit with the existing mix of land uses located in the Northeast neighborhood area. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ichael J. Danch President Danch, Harner & Associates, Inc. File # 120225 Md. "C" 1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs,MI 49103 Office 574/234-4003 • 800/594-4003 • Fax 574/234-4119 Office 269/471-3010 • Fax 269/471-7237 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name(s) : DIOCESE OF FT. WAYNE-SOUTH BEND 915 S. CLINTON STREET • FT. WAYNE, INDIANA 46801 574-210-9797 Address of Properties: PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617 PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 618 MADISON STREET, SOUTH BEND, INDIANA 46617 Present Zoning of Properties: PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617,-"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT; PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 336 HILL STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 618 MADISON STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT Owner's Name: DIOCESE OF FT. WAYNE-SOUTH BEND 915 S. CLINTON STREET FT. WAYNE, INDIANA 46801 574-210-9797 2 Counsel or Consultant:DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 . 336 HILL STREET, SOUTH BEND, INDIANA 46617 618 MADISON STREET, SOUTH BEND, INDIANA 46617 NATURE OF APPEAL: PARCEL "A" REQUESTED VARIANCES: 1) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 51 square foot for each of two proposed monument signs as shown. 2) . A Variance from the maximum allowed 4 ft. height for monument signs to a maximum of seven (7) foot height for each of the two proposed monument signs as shown. PARCEL "B" REQUESTED SPECIAL EXCEPTIONS: 1) . Approval of Special Exception Uses as allowed under Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and under Section 21-02.11 (b) (2) (B) (3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time. PARCEL "B" REQUESTED VARIANCES: 1) . A Variance from the 20-Foot Front-yard setback along Madison Street (North property line) to a minimum of 0 feet for an existing parking area. 2) . A Variance from the 20-Foot Front-yard setback along St. Louis Boulevard (East property line) to a minimum of 0 feet for an existing parking area. 3 3) . A Variance from the 20-Foot Front-yard setback along Hill Street (West property line) to a minimum of 0 feet for an existing parking area. 4) . A Variance from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the existing parking area along Madison Street (North line) , St. Louis Boulevard (East line) and Hill Street (West line) to no additional landscaping as shown. 5) . A Variance from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing no additional deciduous over- story trees as shown along said property lines. 6) . A Variance from providing the minimum 24 ft. wide aisleway in a parking lot to a minimum of 22 ft. for the existing aisleways as shown. 7) . A Variance from providing sixteen (16) interior parking landscape islands (i.e. one (1) interior parking lot landscape island per 15 parking spaces) to no interior parking lot landscape islands for the existing parking lot. 8) . A Variance from the required minimum 5 ft. wide Side-yard setback along the South property line to a minimum of 1 ft. for a storage trailer as shown. The Petitioners are the owners of the real estate parcels shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Diocese is in the process of completing some of the proposed improvements to the St. Joseph's High School campus site. Shown on the attached site plan is the layout of the main campus school building and athletic fields located in the block bounded by Cedar Street on the north, Notre Dame Avenue on the east, LaSalle Avenue on the south and St. Louis Street on the west. There is a small parking lot for some staff and visitors located at the northeast corner of the main campus site. The remaining parking areas to service the campus are located to the west of the main campus on the block bounded by Cedar Street on the north, St. Louis Street on the east, Hill street on the west and on either side of Madison Street as shown. The Diocese is in the process of installing an ornamental fence around the athletic fields bounded by St. Louis Street, LaSalle Avenue and Notre Dame Avenue as shown on the attached site plan on Parcel "A". The Diocese desires to incorporate two 4 monument style signs with the fencing. The two monument signs would be placed at an angle at the northeast corner of St. Louis Street and LaSalle Avenue and at the northwest corner of Notre Dame Avenue and LaSalle Avenue. The Petitioner's representatives had discussions with the Building Department staff on the proposed signage for the school site. Based on those discussions, the monument signs as shown, would require a few variances. The City's Ordinance limits the size of the signs for institutional uses in a SF2 Residential District to one monument sign per street frontage, with a height of 4 ft. and a sign area of 32 square feet. The existing school site could have a maximum of four (4) monument signs, one for each street frontage. They are asking instead, to place only two signs at what they consider are their main entrances to the school campus at St. Louis/LaSalle and Notre Dame/LaSalle. More specifically, the Petitioners are requesting the following: 1) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 51 square foot for each of two proposed monument signs as shown. As mentioned above, the School site can have four (4) monument signs with a total sign display area of 128 sq.ft. They are asking instead to be allowed to have only two (2) monument signs with a total of 102 sq.ft. , 51 sq.ft. each. As shown the signs are very simple in design and compliment the ornamental fencing of which they are a part. They Petitioners do not believe this request for the proposed monument signs would have a detrimental affect on any adjacent property. The second request for the signage is to request a Variance from the maximum allowed 4 ft. height for monument signs to a maximum of seven (7) foot height for each of the two proposed monument signs as shown. The Petitioners are asking to be allowed to have two monument signs, which have a maximum height of 7 ft. This height works with the proposed ornamental fencing and would give the Petitioners an area at the base of each sign to add landscaping consisting of shrubs and seasonal plantings. The Petitioners do not believe the signs would be out of scale at the proposed corner locations. They do not believe approval for this Variance would have a negative impact on surrounding properties or their values. In regards to Parcel "B", the location of an off-site parking area, the Petitioners are asking for approval of several Variances. This off-site parking area was an original parking lot for the old St. Joseph Hospital. It had been in existence for the past few decades. When the Diocese purchased the property back in 2011, the existing parking lot was a grandfathered use and allowed to be used for school parking. The Area Board of Zoning Appeals and the City Council approved a Special Use for the parking lot. At the time, no Variances were required as the parking lot was in existence and no improvements were planned. 5 There was an existing home on Madison Street just east of the north-south public alley that the parking wrapped around. When the Diocese purchased the parking lot, the owners of the Madison Street home were not ready to sell their property. After the school construction started, the homeowners changed their minds and worked out an agreement to sell their property to the Diocese. During this time, the school's contractor was working to seal over the existing parking lot so that it could be re- stripped for parking spaces. The decision was made that since the contractor was working to make the existing lot look better, they should raise the Madison Street home and make it a part of the existing parking lot. The parties making those decisions thought that removing home and adding additional pavement for parking, was allowed to be done. They did not understand that the existing home was not part of the original approval process for the School campus, and as such, the home site was not allowed to become part of the existing parking lot without first going through the proper approval procedures. Once the problem was discovered the Building Department was contacted to determine what procedures were required to bring everything for the parking lot into compliance with the City Ordinances. The determination was made that to bring the area of the Madison Street home into compliance, the best procedure was to request approval of a Special Exception again, not only for the original parking lot but also for the home site so they were all under one approval. It was also determined that since the existing parking lot was being altered to add the few additional spaces in the area of the Madison street home, Variances were now going to be needed for setbacks, landscaping and aisleway widths for the entire parking lot. The Petitioners also had placed a temporary storage trailer on the site that is being used to store athletic equipment. It was placed on Parcel "B" as shown along the south side of the lot. The location of the trailer was chosen, so it could be close to the athletic fields and equipment could be easily moved from the trailer to the fields and back as efficiently as possible. It was also placed to maximize the use of parking spaces. Based on discussions with the Building Department staff concerning the trailer, it was determined that a Special Exception was required for it to remain and a Variance for its placement was required as well. The Petitioners did not realize that a storage trailer could not just be placed on their property without going through an approval process. The School used two storage trailers at their old school site on Angela Blvd. and Michigan Street for equipment storage. Based on these discussions the following variances are being requested for the off-site parking lot: The first Variance is a request from the 20-Foot Front-yard setback along Madison Street (North property line) to a minimum of 0 feet for an existing parking area. This Variance request is needed to allow for the 6 parking lot pavement that has been in existence for the past few decades to remain. The only change that has occurred, as mentioned above, is in the area where the Madison Street home was located. The contractor matched the pavement line from the existing parking on either side of the home site to efficiently layout the shown parking spaces. The second request is a Variance from the 20-Foot Front-yard setback along St. Louis. Boulevard (East property line) to a minimum of 0 feet for an existing parking area. This is to allow for the existing pavement to remain in place as it has been for the past several years. The third Variance is from the 20-Foot Front-yard setback along Hill Street (West property line) to a minimum of 0 feet for an existing parking area. These three Variance requests would allow the existing parking lot to remain in place. The Petitioners believe approval of these Variances would not adversely affect any surrounding property. The fourth Variance request is from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the existing parking area along Madison Street (North line) , St. Louis Boulevard (East line) and Hill Street (West line) to no additional landscaping as shown. This request again is to allow for the parking pavement to remain as it has essentially been for several years. The Petitioners do not believe approval of this Variance would adversely impact any adjacent property. The fifth Variance request is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing no additional deciduous over-story trees as shown along said property lines. This parking lot as mentioned as existed for several years, the requirement to place trees every 40 ft. along the site perimeter would mean the removal of several parking spaces that are being used by the school. There is also the problem of existing utility lines that were re-routed for the school and that would make it difficult for over-story tree placement. The Petitioners do not believe approval of this Variance would negatively affect any adjacent property values. The sixth Variance request is from providing the minimum 24 ft. wide aisleway in a parking lot to a minimum of 22 ft. for the existing aisleways as shown. This variance is to allow the parking lot layout to remain as shown. The spaces have existed and there have been no problems with some aisleways being 22 ft. wide as compared to a 24 ft. wide aisle. The Petitioners do not believe approval of this Variance would have an impact on any surrounding property. The seventh Variance request is from providing sixteen (16) interior parking landscape islands (i.e. one (1) interior parking 7 lot landscape island per 15 parking spaces) to no interior parking lot landscape islands for the existing parking lot. The Petitioners are requesting to be allowed to keep the spaces as shown. If they were required to add the parking islands for the existing parking lot, several spaces that they count on for off- street parking would be eliminated. They do not believe approval of this Variance would adversely affect any adjacent properties. The last Variance request is from the required minimum 5 ft. wide Side-yard setback along the South property line to a minimum of 1 ft. for a storage trailer as shown. The present zoning of MU Mixed Use allows for either a 0 ft. setback or a minimum of a 5 ft. setback. The placement of the storage trailer at 1 ft. from the property line allows for the trailer and the existing parking spaces to be unaffected. The Petitioners do not believe approval of the placement of the storage trailer to 1 ft. off of the property line would affect any of the surrounding properties. The last portion of this Petition concerns the request to ask for approval of Special Exception Uses as allowed under Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and under Section 21-02.11 (b) (2) (B) (3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time as shown on Parcel "B". The request for the Special Exception for the off-site parking lot was approved previously. The only change has been to add one more parcel where the home was located on Madison Street. The request for approval of the Special Exception Use is due to the fact that these properties are presently zoned "MU" Mixed Use District. The Ordinance requires that parking lots which do not contain a primary use to be approved as a Special Exception Use. The second Special Exception request is to allow for the placement of a Storage Trailer for a Two (2) year period of time. This request is needed as the property is zoned MU Mixed Use and a storage trailer is only allowed as a Special Exception. The storage trailer will be used by the School to place athletic equipment at a location convenient to the athletic fields and in a secure structure. The Petitioners would ask the Board Members to agree that approval of the Special Exception Uses to allow for off-site parking lot for the School campus and the storage trailer for athletic equipment, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . 8 The Petitioners believe that the relocation of the school campus to the shown Petition site has had a positive effect on the neighborhood, as it took an existing Hospital site which was vacant and allowed for a new use which will serve the community for decades to come. The Petitioners believe that approval of the above Special Exception Uses for the school will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners would ask the Board Members to agree that approval of the above described Variances and the Special Exception Uses will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and the Special Exception Uses are sought: that the need for the Variances and the Special Exception Uses arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception Uses will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations a - `r = 4, + ` ichael J. Danch President Danch, Harner & Associates, Inc. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6, 2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Diocese of Fort Wayne-South Bend ABZA 12/5/12 Dear Council Members: The above referenced petition of Diocese of Fort Wayne-South Bend was legally advertised on November 15,2012. The Area Board of Zoning Appeals gave it a public hearing on December 5, 2012, at which time the following action was taken: Upon a motion by Mr. Matthys,being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an accessory use of off-site parking and for the temporary location of a mobile storage trailer for a period of two years, on property located at 325, 327, &333 S. Louis Blvd., 336 Hill St., 618 Madison St., and 453 Notre Dame Ave., is sent to Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of this report. Sincerely Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS DIOCESE FT. WAYNE-SOUTH BEND FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to not being injurious to the public health, safety,morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 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: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG © GERALD PHIPPS ROBERT HAWLEY © JOE VELLEMAN BRENDAN CRUMLISH