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Home My WebLink AboutBill No. 12-23 Approving a Petition for the Property at 439 Dundee St. Councilmanic Dist No. 6 Filed in Clerk's Office City of South Bend MAR 072023 BOARD OF ZONING APPEALS DAWN M.JONES CITY CLERK,SOUTH BEND,IN March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 439 Dundee Street 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 March 13, 2023, meeting and set it for public hearing at your April 10th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the April 3rd, 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: A Special Exception to allow for the use of a duplex. 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, Kari Myers Zoning Specialist CC: DeCarlo Redding,Jr. County-City Building 227 W.Jefferson I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 12-23 L MAR 0 7 2023 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 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 439 S. Dundee St. South Bend, IN 46619. 018-4051-1888 In order to permit a Two Unit Dwelling. 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 , 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2023, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MaR n oz3 CITY C®E KN pU�H BEND,IN - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information �` / -`y Tax Key Nu ber: 0 " V)1 1 dQ y ,� Address: q3 q Owner: ge /I44e ?roper Ai LLC . Zoning: Choose the current distfictU I Project ummary: • 'The 5c 19/04 iS 'ac) s,,.ie /'o�paSeparadc o�r�,iS iris on;/ - /no 4c /ay 1,417- Akdimic/) /.10,K1 a s„f/c vv,/ n6e a .0444 via44,11,7 r Requested Action Eecial Exception — complete and attach Criteria for Decision Making Use requested: U n,{ CkliOU ❑ Variance(s) - List variances below, complete and,a tach Criteria for Decision Making Variance(s) requested: Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee 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: 777e /9/per vse. w � I Cotir�ei5 cif te //e7e6oEAaod cit- w,rl Opeja In feipze1/Ll/ vse /1,/ r14,44gf (2) The proposed use will not injure or adversely affect the use of the adjacent ar9a or property values therein, because: /A k4./ Ito P P Y �� ropase.ol USe, ,�1 /5 1 /49/av, >` de,#b.(h'l r )1- Qpjr/r Veke,(s). (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: _/ Lei 4✓r/1 b.e. 4 1inf ovv oi' L/ %er`"ca / vi t� 's,<i/c/ /5,:I £*posed o c i/`/°l (4) The proposed use is compatible with the recommendatiops of the Comprehensive , Plan, because: ix, fib e.d/ Ul2 `.S 5.. �� tl � +ny mos; p0,4,01,4/ f / Edi e 101,rfe.04 o ati O P/ fr r 6?' /040e/7 r 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: Contact Information Property owner(s) of the etition site: Name: 9t ec a 114 reVP14LL C Address: // ,6`; 1It/aa ) aJ 5J . y(W9 Name: Address: Name: Address: Contact Person: l Name: 4r CAjjt6 ,iyA Sr Address: 42lano� �. 1► 3E . zP ,,(..4 ?).2,(\A 4440 Phone Number: 5111'544'(a3n' E-mail ! .,,dreo43/4af/. Go-tY) 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. Prop y Owner (-)Signatures: II p l7 i Zoning Districts (effective 01/01/2020) 1 1 Iv 439 S dundee X Q ` i "' Show search results for 439 S. ,t, ... II r • , _ _ Parcel:REDDLINE PROPERTY LLC Ilk ii‘-' . i ;. PARCELID 018-4051-1888 �, PARCELSTAT 71-08-10-301-010.000-026 4 _ ,a PARCPRC More info GISWEBLK More info f PAYTAXURL More info TAXINFOURL More info j4_ JWNER REDDLINE PROPERTY LLC rCilFrt;iiiii t �- t: Zoom to 5 ".i. a `y! �+�. • !.• ! A 1 ' ri , • CS wil - U7CIdwv�3 pal= t - - c tifikkati' lia : ' r .. ," _ w CD r, I 1 lit_ * Kiri. `'`"' rill , , 4104 r '� , - riff— ii, . _ . •_,Alik• ,-, , , 414 I.,, 11f. I ; Cu F • �'4 Ell • c * .01 ar ..A:.... :E . -- . Filed.In Cierk's C�ffiiw t 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN