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Home My WebLink About2023-05-08 Final Common Council Meeting Notice & Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, MAY 4, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, May 8, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/05082023SBCC. 3:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 23-21 – A Resolution Designating Certain Areas Within the City of South Bend, Indiana, Commonly Known as 3201 W. Calvert Street, South Bend, IN 46613 an Economic Revitalization Area for Purposes of a Five- Year (5) Personal Property Tax Abatement for Verbio North America LLC 2. Bill No. 23-22 – A Resolution Designating Certain Areas Within the City of South Bend, Indiana, Commonly Known as 3201 W. Calvert Street, South Bend, IN 46613 an Economic Revitalization Area for Purposes of a Eight - Year (8) Real Property Tax Abatement for Verbio North America LLC 3:45 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 11-23 – A Public Hearing Approving a Petition of the Advisory Board Of Zoning Appeals for the Property Located at 1306, 1330 High St. and 909 E Broadway St. 2. Bill No. 17-23 – A Public Hearing Approving a Petition of the Advisory Board of Zoning Appeals for the Property Located at 751 Cottage Grove Ave 3. Bill No. 18-23 – A Public Hearing Approving a Petition of the Advisory Board of Zoning Appeals for the Property Located at 630 and 632 Harrison St. 4. Bill No. 19-23 – A Public Hearing Approving a Petition of the Advisory Board of Zoning Appeals for the Property Located at 506 N. Olive St. 4:30 P.M. PARCS COMMITTEE CHAIRPERSON, LEE 1. PARCS Update – Aaron Perri, Executive Director Venues, Parks, & Arts Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the PARCS Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, May 8, 2023 7:00 PM The Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/05082023CC. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES Update on South Bend Cubs – Andrew Berlin, Chairman & Owner of the South Bend Cubs Update on Cherry Street – Leah Thill, Director of Sustainability, MACOG & Caleb Bauer, Executive Director, Community Investment 7. COMMITTEE OF THE WHOLE BILL NO. 11-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 17-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVE 18-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 630 AND 632 HARRISON ST. 19 -23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 506 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 11-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 17-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVE 18 -23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 630 AND 632 HARRISON ST. 19-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 506 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 23-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W. CALVERT STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE - YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR VERBIO NORTH AMERICA LLC 23-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W. C STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT -YEAR (8) REAL PROPERTY TAX ABATEMENT FOR VERBIO NORTH AMERICA LLC 12. BILLS OF FIRST READING BILL NO. 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-24-2023) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Maria Gibbs, Citizen Member Matthew Coats, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Beth Sanford, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Lakeyue Williams, Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Committee Relations, Member Utilities, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson ' �.. J .; ---11 -"<-1/ �-- May 3, 2023 CITY OF SOUTH BE COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Filed in Clerk's Office MAY O 3 1,2023 DAWN M. JONES CITY CLERK. SOUTH BEND, IN RE: Declaratory Resolutions: Personal Property and Industrial Development Real Property Tax Abatement Petition for Verbio North America LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a personal property and industrial development real property tax abatements petition submitted by Verbio North America LLC, a Michigan Limited Liability Company. This petition package includes: •Letter from the petitioner with images and an overview of the project •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits forms (SB-1 / Real Property and SB-1 / PP) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner has acquired South Bend Ethanol, LLC, and plans to invest $230 million to modernize the facility and expand it to produce renewable natural gas that will be injected into the NIPSCO grid. Verbio North America LLC will retain the 61 employees who currently work at the ethanol plant and plans to hire eight (8) additional employees in the next year. The project meets the requirements established by Section 2-84.2 and Sections 2-82 et seq. and would qualify for a five-year (5) personal property tax abatement and an eight-year (8) industrial development real property tax abatement. A representative from Verbio North America LLC will be available to meet with the Committee on Monday, May 8, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincere� -------:, ,,I C.,-..J /._,,,,� ._/ Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574 235.9371 www southbendin.r,ov BILL NO. 23-21 May 3, 2023 CITY OF SOUTH BE COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Filed in Clerk's Office MAY O 3;12023 DAWN M. JONES CITY CLERK. SOUTH BEND, IN RE: Declaratory Resolutions: Personal Property and Industrial Development Real Property Tax Abatement Petition for Verbio North America LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a personal property and industrial development real property tax abatements petition submitted by Verbio North America LLC, a Michigan Limited Liability Company. This petition package includes: •Letter from the petitioner with images and an overview of the project •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits forms (SB-1 / Real Property and SB-1 / PP) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner has acquired South Bend Ethanol, LLC, and plans to invest $230 million to modernize the facility and expand it to produce renewable natural gas that will be injected into the NIPSCO grid. Verbio North America LLC will retain the 61 employees who currently work at the ethanol plant and plans to hire eight (8) additional employees in the next year. The project meets the requirements established by Section 2-84.2 and Sections 2-82 et seq. and would qualify for a five-year (5) personal property tax abatement and an eight-year (8) industrial development real property tax abatement. A representative from Verbio North America LLC will be available to meet with the Committee on Monday, May 8, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, ,/ [.__,____/' / "-<-__/ Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574 235 937l www.southbe,1din.gov BILL NO. 23-22 City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office I APR O 4 2023 I .. -DAWN M. JONES CITY CLERK, SOUTH BENO, IN Re: The petition of RED TAIL PROPER TIES LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, Bill#l 1-23 Dear Council Members: I hereby Certify that the above referenced petition of RED TAIL PROPERTIES LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by RED TAIL PROPERTIES LLC seeking a Special Exception for Heavy Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, City of South Bend, is sent to the Common Council with an unfavorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition and exhibits received prior to the meeting are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �?Jt.� Angela M. Smith Zoning Administrator Attachment CC: RED TAIL PROPERTIES LLC Bryan Cook BILL NO. 11-23 Filed in Clerk's Office o , ; nr4u101APR042O23 47, 0 DAWN M.JONES CITY CLERK SOUTH BEND, INr Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 February 25,2023 Dear Tim Corcoran: Although I talked with you about this issue at the talk to the mayor session at Riley High School, at our monthly SOAR meeting on February 14,it was decided that I should write an official letter of concern and assistance for the city to close the"junk yard"which has been established at the former site of the Pepsi Cola Bottling Plant. This eyesore should not be allowed in a predominantly residential neighborhood.We know that light industrial is the official zoning of the area north of Broadway,east of High,south of Sample,and west of Miami,but there must be some limits.In addition,was the buyer honest about his intention for this property at the time he purchased it,and would the sale have been finalized with this intent?What can we do about this? Stephenie at LangLab told me that you called her the next day expressing concern.We are grateful for that.We hope LangLab can thrive,but its surrounding area will need to be attractive to their customers.Especially as they plan to make major improvements to their building and parking lot. Please do whatever the city can to end this use,and the abuse of our residential area.And please keep us informed of what is going on,and let us know if there is anything we can do to help. Thank you. Sincerely, Conrad Damian, President Kate Bolze From: Rahman Johnson <rocknd9393@gmail.com> Sent: Monday, April 3, 2023 1:28 PM To: Zoning Subject: BZA#0183-23 RED TAIL PROPERTIES LLC 1330 and 1306 High St. Dear Board of Zoning Appeals, Please accept this letter as opposition to the requested action of Special Exemption for Heavy Industrial at the location referenced above. My name is Rahman Johnson and I reside at the following address: 728 Pennsylvania Ave.,South Bend, IN 46601. I believe this site or Junkyard poses a serious threat to the health of the residents and environment that live near this site. This threat includes hazardous materials such as lead batteries, mercury from light switches, anti-freeze,freon from cooling systems, polychlorinated Biphenyls (PCBs) Chlorofluorocarbons(CFCs), asbestos found in brake pads, motor oil, and heavy other metals. These toxins pose real health risks and can be linked to kidney disease, possible brain damage, problems with the blood and damage to the reproductive and nervous systems. In addition, PCBS and asbestos are carcinogenic. The environmental concerns include plant contamination,endanger animals,soil and groundwater. These heavy metals and other contaminants may enter drinking water and pose risk to everyone living near this site. Again, my name is Rahman J Filed in Clerk's Office APR 0 4 ZQZ DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend RECEIVED MAR 0 3 2023 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information 018-7017-072604,018-7017-072601, 018-7010-037101 Tax Key Number: 0 1` a ) r quo Address: ( 3 b i i l owner: G ` i fropeYT1(... LLL Zoning: Project Summary:Ve-k ICJr TO W Ivy9 ;DI v.S G Nr\ 1r e_ 1 1 f - S r\e_2G a -eV\ce c\. \-\,\ y Requested Action Vpecial Exception—complete and attach Criteria for Decision Making Use requested: Industrial,Heavy- Salvage Yard Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Informal) i ' D Site Plan drawn to scale Filing Fee iriw,k G IkhPer. 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: L1',n tac.\ C.\\ Q3,1[N. r cAr 0 C vires y CkV 4.3\-CIA- -- 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: T w`1 1 av , } v\ f- k e-s ,1, c7 r c ‘s-\e T . C c>v 1 l \ t ` e `k s F ck r ,5 0. d C,U- 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: c, ( \, re c.1 U 1 L 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: il)TE L 7ILSI Ltd Address: LI(OO Le(a. FAV- WilLf miSVOILOVIKrA , IN uc)Sc( S Name: Address: Name: Address: Contact Person: Name: rya v‘0 Address: 0,4-V 3e v.4 , TW, 966 (`-( Phone Number: t-/ S-G 3 S52 E-mail: c)c;V 77 m aC_o trv-\ 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 thus 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: A11/)0 Ct ( crt-- incl J o LLL J Ci , 4,,, yam: Y, ': ?,; ..+ ..,t:`.x€n Vii ' Tattoo N. 4 k y 41r. k i• ;'' , e CPConnexi a 14...,,,::: t ck dd;Y w7 1330 High LLC c 4.'It k R6 s fife ixt„„, Broadway IMm y: uilders Q. at 714"1-7"1",,A,1, ' . a Q Broadway St v,z: E1Broadway 3 V •' " i' wrliedi 0 0 op 41,:f)CCHi MAR 0 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 751 Cottage Grove Ave. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O ◄ 2023I DAWN M. JONES CITY CLERK, SOUTH BEND, IN 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 April 10, 2023, Council meeting and set it for public hearing at your May 8th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the May i st, 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 Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. 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. Rachel Boyles Zoning Specialist CC: County-City Building / 227 W. Jefferson I South Bend, IN 46601 / 574-235-7627 I www.southbendin.gov/zoning BILL NO. 17-23 Filed in Clerk's Office BILL NO. 17-23 APR 0 4 Z023 ORDINANCE NO. DAWN M.JONES 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 751 COTTAGE GROVE AVE STATEMENT OF PURPOSE AND INTENT A Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 751 Cottage Grove Ave. 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 36-7-4-605, requesting that a Use Variance be granted for property located at: 751 Cottage Grove Ave. South Bend, IN 46616. 018-1070-2991 In order to permit a Use Variance for Urban Agricultural 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 approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variances is sought; 4. The approval does not interfere substantially with the 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 APR 0 4 2023 2 - DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS zortl Bend, IN endi c nirrg(z so.ithbc r;iiir-r.cloy RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-407-023.000-026 Address: 751 Cottage Grove Owner: Sunchoke Farms, LLC Zoning: U1 Urban Neighborhood 1 - Project Summary: S —or' nvmv'Lif t,t+n rv allj r- Ve t, 1.onsu rsr\r4-i 0 n Requested Action Special Exception - complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale PAID Filing Fee Per 3OO 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4)The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Sunchoke Farms, LLC Address: 824 Lindsey St. South Bend, IN 46616 Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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: IIS Elkhart & St. Joseph Counties, IN Sign in i 1111111 t r I 1 '' e'7•7 .. a ice a2• 1. I_ Ir 1 sir- 2Illbi*L__ 4; it A.4„._ .. .it - 4 6. I lit I •. N-LiM....-f I ..i 1 III t ill INIIIIIMOL- 1 - _ .2 s 1 le,c.‘ r.,__.:___,,, IL,oti ms / lel 4..\‘..... C Yw 41- - _. L. 1 i L li rill. ,_ , . Filed +r Clerk's Office I APR 0 4 Z023 f DAWN M.JONES CITY CLERK,SOUTH BEND, IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 630 and 632 Harrison St. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O 4 2023 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN 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 April 10, 2023, Council meeting and set it for public hearing at your May 8th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the May l 5t, 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 Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. 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. Rachel Boyles Zoning Specialist CC: County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 18-23 Filed in Clerk's Office BILL NO. 18-23 APR 0 4 2023 ORDINANCE NO. DAWN M.JONES 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 630 AND 632 HARRISON ST. STATEMENT OF PURPOSE AND INTENT A Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 630 and 632 Harrison St. 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 36-7-4-605, requesting that a Use Variance be granted for property located at: 630 and 632 Harrison St. South Bend, IN 46616. 018-018-1068-2895. 018-1068-2894. In order to permit a Use Variance for Urban Agricultural 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 approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variances is sought; 4. The approval does not interfere substantially with the 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 APR 0 4 2023 DAWN-M.JONES CITY CLERK,SOUTH BEND, IN 2 - City of South Bend BOARD OF ZONING APPEALS t1H iV D 'MAR 311023 Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-452-002.000-026 Address: 632 Harrison Owner: Civil City of South Bend Zoning: U2 Urban Neighborhood 2 Project Summary: Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4)The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Civil City of South Bend Address: Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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: City of South Bend BOARD OF ZONING APPEALS 7oninciPsouthl,cri•.-irir.; . : RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-02-452-003.000-026 Address. 630 Harrison Owner: Civil City of South Bend Zoning: U2 Urban Neighborhood 2 Project Summary: Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 111 Filing Fee 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4) The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Civil City of South Bend Address: Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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: ij .. t . 4••••. ..5ieg-'•'4, , 1:14, Z * e of' • ''","..:1),-. .1. } -.,-- *.-'ict.'• ••'• : •;•' L-", 1 . at - - - ., - - A- wret! $ ••' 1 . . s. .... - 4_ 4-...• b:: • tf,•''-. 4.-: ..... '.. tit. 4.- 7-.. k 4044: 4. - ?- • IIIEp,. t • 4uH.__ ,. , p4 P,`• r-r-i 4 ',..,.,,,.-..,-.,.. ---- •' etP24......— ;/' ....e, c.now,A..,x,,i oi,, •r e,,.. 04,,,,- . 157kavernminm.....mmi _ . t'• 'a.) i P - ,:,4.4 ' 1 7 r—P- I i. 1 111 4P- -- .• I LP) r.. C..3%. ip n ID i, i 1:::5 rilgimilmitmolir I' l Th i E.,, •., AL.:.. c) IIdie . • ide: 0.. • 1 ''T) I_ - k../.1 el A ..,, 4- g % 101 1.. ,. Of N r••••... , 1 ill f IL ' . _ 2; 4.,.. 4.,/ 'F ..i. 17„ 1 ... . . I A -0.1' - 40.41.- l•.4--4t-„ 1 VI 0.CD a) s 1 9_ 1, 14 1• *P:,•••; VO'il,- ,--. .... II`'i ?. ' I. 011111161T:::• i. •i 4.,.. .,A. 4 ti. • •/ AliP..A i i .•, r:-- .4,44: 71'''' 7 • Adak r i , • . 211111111Mial 411111111W ' 2rIc :;,•4‘-...), 14.41m1 i tr- 1 1 . i-/ 4.., ,, i' 15,7'. W I 4 .... . 2,, s— .. , : 4.:. kil A':., !rip' -_ v„ 1 E, 7,1:- - •444 a , 4., k, r. L I. J,Aii •.•. GJS Elkhart & St. Joseph Counties, IN Search... 1 1 ;f, . 1.1. 1. 171141:12. P- T.,,,,,, Sign in 1-- irwit vir_z 1—--ow 1 . •"1"Mil."14.1.3"°"" T - 7-7- i 4 ''--414' 4 %-..... r ' N. r padimit liiiiihi„, aac-v.t S. r. 074-3127 v4.- t. ,• , • _ 2- 4.--.2,,,. l • .•--' S".••• ' 018-1 141 misiam. I.•••. $ i 11 4 2 N.' r„ T-$ •l t if. 1 A. 4 r "''.1. c... N''.t. 1111111a'''''. 01.Slit. 1 i 711.1.117.111111"6:-' li.- 4 4 t•q 1. 2-4-,._ I.116% . -; •--„,, is ., ..,,, 4. 1. C,..-2 i•... . 4%... Z.'N,,aik..... A. . ,. , -'izt• - F • MOON e. IT/tr.a. 1 r,,... .'" e"s "qr.-, 4 WARP L -V-- i - -"' .A 1"1 plr:.. C. • , 1- 1 ' 1441kAi 11 4 - i lt, x t 4. lit I - '''"'.....• Filed in Clerk's Office WE I 2019 Aena... 1 I 0 10 2C m APR 0 4 2023 i DAWN M.JONES CITY CLERK,SOUTH BEND, IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 506 N Olive St. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O 4 2023 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN 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 April 10th, 2023, Council meeting and set it for public hearing at your May 8th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the May 1, 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: To allow for an automotive repair shop. 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 I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 19-23 City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information 50G Tax Key Number: G 'aU ` Q9 77 Address: MARCC i c4 -- Scr, j 1P 1. J Owner: 'l 14 hli.1 !lams- Zoning: l6SYS' Zoning: Choose the current district 1\1C Project Summary: A- 1par Requested Action pecial Exception — comp! to and attach Criteria for Decision Making Use requested: /MO n,)1 S rVariance(s) - List variances below, coete and attach Criteria for Decision Making Variance(s) requested: 61/ 06-(4 P 'A I D MAR 3 1 2013 Per_21L, Required Documents 35c) Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 0 Filing Fee i14, !' :T,v i it 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: 1 iv e d 4-0)1 IX-6 r`?` 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: I PO IV 6 OP9041k Vt) AVa • v' 141"`f y, ars ` 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: j 5 Si l6 buSSInQ55-6bi,i (ie5s11(q in - iQ Gved . 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: N0 5 f-c. v evi'l°' " lun 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: II)151-1) (6 I(y U.5-xi y a a'P ? r 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: A ! o 1/to6 a e l dyoC-/5 o 71--e-?0 t/1( h r h ac 7L/s b(Pp-i 4142 0 )7 bj r flo od [Y 14441N/ 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: W e L5l have YPCvns'cc- i Q Gt g)v tt1/4- rao-' 90(ces. 4) The variance granted is the minimum necessary, because: t Cci 1 UlAun Pc. sr5P 5) The variance does not correct a hardship caused by a former or current owner of the property, because: hee, , s a Y ore{ 5 t° Contact Information Property owner(s) of the petition site: Name: Ej(4 4 :i)) ?'r Address: ii;i 6 (141+0-r c'1 Pr. 60,k) ,-\ted Jti(. 46.4031 Name: Address: Name: Address: Contact Person: ++ 11Name: / 1a W;/ 1(0,:;C/evi l (feKck„,,4-) Address: 1 ggCi f S' a U I 3 49 '15'c oC-1.44 56' k,d-f ) T-,vt.6(4)--? \ TY(2kci 1-/-6.(017 Phone Number: 541 -3ql40N1 f c( — 66 r,110 E-mail: 44 kit. 11.)60"'‘T 6-3 /l/ouQ. X601 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: p,,,. 2 iJ fir 6 db. l'' a,_ L. M I Filed in Clerk's Office I APR 0 4 ZUZ3 DAWN M,JONES CITY CLERK,SOUTH BEND,IN