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Home My WebLink AboutBill No. 48-23 Petition for BZ&A for the Property Located at 1044 LINCOLNWAY WEST, COUNCILMANIC Dist. No. 1City of South Bend BOARD OF ZONING APPEALS August 8, 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 AUG O 9 ,en i / DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: The petition of RONALD E KOEHLER seeking a Special Exception for a Group Residence in the U3 Urban Neighborhood 3 for property located at 1044 LINCOLNWA Y, BTLL#48-23 Dear Council Members: I hereby Certify that the above referenced petition of RONALD E KOEHLER was legally advertised on July 28, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on August 7, 2023 took the following action: Upon a motion by Kyle Copelin, being seconded by Mark Burrell and unanimously carried, a petition by RONALD E KOEHLER seeking a Special Exception for a Group Residence for property located at 1044 LINCOLNW A Y, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a writte commitment that no more than one person or family shall be permitted per bedroom, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �?1� Angela M. Smith Zoning Administrator Attachment CC: RONALD E KOEHLER K.Sue Hurley BILL NO. 48-23 Filed in Clerk's Office BILL NO.48-23 JUL 13 70,1 DAWN M.JONESORDINANCENO. LCCSNfl, 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a group residence. 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: 1044 Lincolnway West. South Bend, IN 46619. 018-1035-1508 In order to permit a Group Residence 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 JUL 13 ?071 D CITY C E KN OUTTH BEND,IN 2 - Staff Report— BZA#0220-23 August 7, 2023 Property Information Location: 1044 LINCOLNWAY Owner RONALD E KOEHLER Project Summary Request a special exception to allow for the use of a Group Residence. Requested Action Special Exception: a Group Residence Site Location 0 l P• q a.g f INCo( I I, cif e . .. ch.,A , 14 44h fir illi-•44(•,—„ diaikit: 34/11 4. 1111111k.: ' ''''4'4.---.._littet.,:k.: r,...... , ,., , ,,_ ,,, ._ hi. r 0.0 040::( ,,, Ir 0,-;?..4." ._ - - 4' 1," 19 „.. ,. Irlt 11 4111111W, , .__1 • /Z- .41: 0 .:4P It". 1. 1'7;4'. AO: ' ZA i 'S Arlimi„ :,: ...„,r,.,,,,,.. , r qt 1 , - . . ', 1` t'_ mfr., 1,:_r .1 .. "' Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board send the petition to the Common Council with a favorable recommendation subject to a limit of one person per bedroom. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0220-23 August 7, 2023 Proposed Site Plan N,jy 1Yµ; Vi x''...n w rpt X' j y I. ,..4-....,,.:;•••' i 1.1411' flo. h t RSK p 1 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0220-23 August 7, 2023 Criteria for Decision Making: Special Exception A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use should not be injurious to the public health, safety, comfort or general welfare of the community. A group residence aligns with the residential character of the immediate surrounding properties. The property is located on a mixed use cor 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values. The property will still function as a residential dwelling unit. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; This group residence will be consistent with the character of the district and neighborhood in both use and style of construction. Lincolnway West is a mixed use corridor and the current structure is large residential building suitable for multiple indivi 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges. and amenities. Analysis & Recommendation Analysis: Lincolnway West has a mix of commercial and industrial uses of varying intensity along the surrounding stretch. The property is currently zoned for multifamily use which would allow for an apartment complex. The dwelling is consistent with the character of the district in the housing style. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the petition to the Common Council with a favorable recommendation subject to a limit of one person per bedroom. Filed in Clerk's Office AUG U 9 11 DAWN M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS JUL 13'202' DAWN M.JONES July 13, 2023 CITY CLERK,SOUTH BEND,IN Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1044 Lincolnway West 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 July 24, 2023, meeting and set it for public hearing at your August 14, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the August 7, 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 group residence. 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, F(amt-c ` 2-vJ Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson I South Bend, IN 46601 1574-235-7627 www.southbendin.gov/zoning 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 d l - , 0 3 S -- i SOg RECEIVED JUL 10 7023 Tax Key Number: D J Address: I L f Owner: - -12I `t,0- Zoning: Choose the current district ik, J Project Summary: 44,\,* 11 O e7 v o---T i - ' 1pi bc,L.c e- Imo- Requested Action Special Exception — comple e and attach Criteria for Decision Makin Use requested: • V' C, r Ye) l ,4A45f Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required,Documents FV/Completed Application (including Criteria{ for Decision Making and Contac9 / forr atiop) Df'p"""'Site Plan drawn to scale CviQ( 1( ` j0( 1 I Filing Fee Ill) 11) : ' ; Per x• (A- 1/- 4-0- ii A- -y 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: NitkA)U___— N4)0 P t 0,62.-ev....0,..,...) ti.pciY-vm o r, ' IN)(1-.. f?._.e.,tr\.) Q.., ek_. --tk.Q_ A , .' J44D)---„ )._eArr-- , 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Nir)CULa-- 0- 03 Q ., DoLvi , . , KTAA cia, 06trY.4---, '4-- 1 NLe' efuliL3U_Aick DA 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: r-C—S .dc,),Jici. )—J I . ' tiv,A4C,_. it") i'L di___ejcsbrio , 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: ,Y\G 0 016\y: Address: 5" ff t_y_ Lftf- Name Address Name, Address: Contact Person: Name:0 1iJ. j I\ Address: . ( UMU 0_,\ O i a I 1 A _ilk L5I lA d Phone Number: C7D C) Ti1 S E-mail: d 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: X(71- I d Gdt/ L/eZ_, Filed in Clerk's Office JUL 13 ?I17.1 CITY C E K SOUTTH BEND,IN