HomeMy WebLinkAboutBill No. 01-23 Approving a Petition for Special Exception for Property 2621 Mishawaka Ave. SB ri! ffice
City of South Bend JAN 112023
BOARD OF ZONING APPEALS DAWN M.JONES
CITY CLERK. SOUTH BEND, IN
January 11, 2023
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 2621 Mishawaka 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 January 23rd,
2023, Council meeting and set it for public hearing at your February 13th, 2023, Council meeting.
The petition is tentatively scheduled for public hearing at the February 6th, 2023, 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 restaurant.
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 I 227 W.Jefferson South Bend, IN 46601 1574-235-7627 www.southbendin.gov/zoning
JAN 11 ZU:.3
BILL NO. 01-23 i
L- .,
ORDINANCE NO. 10915-23 CITY CLEH,
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING A PETITION FOR A SPECIAL EXCEPTION FOR THE
PROPERTY LOCATED AT 2621 MISHAWAKA AVE SOUTH BEND, IN 46615
COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow the property to operate a restaurant.
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:
2621 Mishawaka Ave. South Bend, IN 46615 (018-6065-2231)
In order to permit a Restaurant
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;
City of South Bend
BOARD OF ZONING APPEALS RECEIVED JAN 0 2 2023
Petition for Variance - Special Exception
Property Information
Tax Key Number 018-6065-2231
Address: 2621 MISHAWAKA
Owner: JJB HOMES LLC
Zoning: UF Urban Flex
Project Summary:
I would like to establish a restaurant. The current location is Property Class 442, Corn Medical
clinic/offices, and I would like to reclassify it as 430, Corn Restaurant/cafe/bar.
Requested Action
1 Special Exception — complete and attach Criteria for Decision Making
Use requested:Restaurant
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
Q Completed Application (including Criteria for Decision Making and Contact Information)
0 Site Plan drawn to scale 1—) A I
✓❑ Filing Fee
Per
22C(J
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:
A restaurant would be in keeping with the neighborhood zoning and provide a
family-style eatery.
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The adjacent properties will not be injured or adversely affected because of
the positive, family environment of the restaurant.
(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 restaurant will further enhance the long established community character
found on Mishawaka Avenue.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The restaurant will meeting intent of the Comprehensive Plan by offering a
inclusive dining experience helping build a prosperous local community.
Contact Information
Property owner(s) of the petition site:
Name: JJB HOMES LLC
Address: 18517 CLEVELAND RD
SOUTH BEND, IN 46637-4549
Name:
Address:
Name:
Address:
Contact Person:
Name: Jose Botello
Address: 18517 Cleveland Rd
South Bend, IN 46637
Phone Number: 5743861923
E-mail:
Jose.L.Botello.6@nd.edu
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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JAN 1 1 20Z3
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DAWN M.JONES
CITY CLERK,SOUTH BEND,IN