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Home My WebLink AboutBill No. 70-22 3409 S St Joseph St Council First Letter City of South Bend BOARD OF ZONING APPEALS f- , •• ,.-rk's Office December 6, 2022 Common Council of South Bend DEC 0 7 202? 227 W.Jefferson Blvd,4th Floor I _ South Bend, IN 46601 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Re: Bill#70-22: The petition of DAPHNE PATEL seeking a Special Exception for Group Residence in the U1 Urban Neighborhood 1 District for property located at 3409 S St. Joseph St. Dear Council Members: I hereby Certify that the above referenced petition of DAPHNE PATEL was not legally advertised due to the determination of Staff and Legal Counsel that the petition was not necessary.The petition was withdrawn. The following bill should be dismissed or withdrawn by the Common Council at the December 12`h Common Council meeting. If you have any questions,please feel free to contact our office. Sincerely, /) 71/ AngeM. Smith Zoning Administrator Filed in I rk'S Cffice NOV 0 9 2022 City of South Bend DAWN M. JONES BOARD OF ZONING APPEALS CITY CLERK,SOUTH BEND, IN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 3409 S Saint Joseph 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 November 14th, 2022, Council meeting and set it for public hearing at your December 12th, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the December 5, 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: Request a Special Exception to allow for the property to operate a residential care facility. 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, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 574-235-7627 1 www.southbendin.gov/zoning Fi1Pd ;n !''ark's Office NOV U 9 20a BILL NO. 70-22 DAWN M.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 3409 S ST.JOSEPH ST. COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate a residential care facility. 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: 3409 S St. Joseph St. 018-7199-7286 In order to permit Residential Care Facility 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 File ir, ! -k's Cffice NOV 0 9 2022 DAWN M.JONES CITY CLERK.SOUTH BEND,IN - 2 - City of South Bend 227 W. Jefferson - Suite 14005 601 BOARD OF ZONING APPEALS South Bend, IN e4ndin zoning@southbendin.gov I EP 1 6 2022 Petition for Variance - Special Exception Property Information Tax Key Number:018 7199-7286 Address: 3409 S SAINT JOSEPH ST, SOUTH BEND IN 46614 Owner: DAPHINE PATEL Zoning: U1 Urban Neighborhood 1 Project Summary: To convert a Three(3) unit dwelling house into Residential Care Facility Requested Action ❑✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested. Residential Care Facility Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Q✓ Completed Application (including Cri - ct- ontact Information) [✓j S: Izedra te Pwn to scale `i`or-1 ✓' r '� 1 NOV 0 9 2022 SEP 1 6 2022 DAWN M.JONESBEND,IN Per CITY CLERK, SOUTH 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 of the property will continue to adhere to sanitary and waste management practices, continue observing the community's moral standards, maintain the property in acceptable and recommended living standards for occupants, and provide appropriate and recommended parking features to enhance convenience of other road users. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use is in conformity to permitted uses of zoning district U1 Special Exceptions for residential care facility. On the valuation aspect, the property will be maintained to reduce all forms of depreciation. Additionally, the highest and best use will not change thereby minimising adverse effects on adjuscent property values. (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: It is permitted under principal uses 21-06.01(j)(8) of Residential Care Facility as defined under Section 21-06.01(j)(8). (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: It maintains community moral living and aims to provide supported living services to elderly and aging population. Criteria for Decision Making Variance(s) - if applicable f-)1 Or 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: Contact Information Property owner(s) of the petition site: Name IDAPHINE PATEL Address: 0409. S SAINT JOSEPH STREET SOUTH SEND IN 46614 e Name: Address: Name: Address: Contact Person: Name: PETER JUMBE Address: 3409 S SAINT JOSEPH ST 4 317 701 8312 Phone N imher ejusoncare(g?gmail.com E-mail 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: /3/. /11•1/ / - 29- IFile .-• n --k'Fs r`ffice . NOV 0 9 2022 ISITE PLAN FOR 3409 S ST.JOSEPH STREET, SOUTHBEND, IN DAWN M.JONES CITY CLERK, SOUTH BEND,IN Jennings St > 4 0 A. 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