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HomeMy WebLinkAboutBill No. 55-23 An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for 110 S. Main StCity of South Bend BOARD OF ZONING APPEALS November 7, 2023 Common Council of South Bend 227 W . Jefferson Blvd, 4 th Floor South Bend, IN 46601 Co u nty-Cit y Bu i lding 227 W. Jefferson Bl vd. 140 0S So uth Bend , IN 4660 1 r---------.(57 4 23 5-762 7 Fil ed in Clerk;;Office NOV O 7 202 3 c,rv cP:W~ Ni~o7ies --..:::::..:.:AK~. ~8 ~E'i BENO, IN Re: 55-23: The petition of TEACHERS CREDIT UNION seeking a Special Exception for a free standing sign in a Downtown zoning district in the DT Downtown for property located at 110 MAIN Dear Council Members : I hereby Certify that the above referenced petition of TEACHERS CREDIT UNION was legally advertised on October 27, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on November 6, 2023 took the following action: Upon a motion by Mark Burrell, being seconded by Kaine Kanczuzewski and unanimously carried, a petition by TEACHE RS CREDIT UNION seeking a Special Exception for a free standing sign in a Downtown zoning district for property located at 110 MAIN , City of South Bend, is sent to the Common Council with a favorable recommendation , 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, Kari Myers Zoning Specialist Attachment CC : TEACHERS CREDIT UNION Autumn Wimmer Building Department Bob Palmer I Staff Report -BZA#0228-23 November 6, 2023 n orma ,on Property I f t --.~--. Location: 110 MAIN Filed in Clerk's Offic e Owner: TEACHERS CREDIT UNION Project Summary NOV O 7 2023 Installation of monument sign in DT Downtown zoning district. DAWN M. JONES Re uested Action q c,rv ett::RK, setm, Bl::NE>, IN Special Exception : a free standing sign in a Downtown zoning district Site Location 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 an unfavorable recommendation . Should the Board recommend approval of a freestanding sign at this location, it is recommended it follow monument signage standards for the NC Neighborhood Center district, i.e . maximum 32 square feet in area and, 8' in height. If it is determined the sign is located within City right-of-way, it would need to be relocated . SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report -BZA#0228-23 Novemb er 6 , 2023 Proposed Site Plan SITE MA P Site Plan ~------------------------West Wasington St.--------------------- l!!J +t -- I JOI NAM (.: SIGHPAC:KA&E ADDKSS: IIO$tul.h a,i..Mn $t. I C1TY/SlATL Stw18tfid.i, nu: 1000t~t,t0,1UM1r,11kudtU! • sw.~a-,1Ht..col sA1.D 1 !IElSYWkE APl'ttOVN..S: I OAT?: ll•IS..21. I .,.,,_,,,.,, o, ''" l •lt."'°"' .,,.,, I W,0.#:8000.D OJOflJ SO UTH BEND BOARD OF ZONING APPEALS rm Ill Page 2 of 3 Filed in c,~~k ';---- Staff Report -BZA#0228-23 Nuv U I :ttaz3 m er 6, 023 A Special Exception 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 may not be injurious to the public health, safety , comfort , community moral standards, convenience or general welfare . However, it is inconsistent with the intent of the ordinance . The DT Downtown zoning district is designed to be pedestrian orineted in scale. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use may injure or adversely affect the use of the adjacent area or property values therein as the sign is out of scale for the built environment and visually imposing . (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The sig11 is not consistent with the character of the district as freestanding signs in the DT Downtown District are not permitted. There are no practical difficulties or unique characteristics that support the the need for a freestanding sign . (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is not consistent with South Bend City Plan (2006) policy UD1; Enhance the aesthetic appeal of the built environment. Analysis & Recommendation • Analysis: There are no practical difficulties or unique characteristics for the petitioner that would necessitate a monument sign at this location. 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 an unfavorable recommendation . Should the Board recommend approval of a freestanding sign at this location, it is recommended it follow monument signage standards for the NC Neighborhood Center district, i.e. maximum 32 square feet in area and , 8' in height. If it is determined the sign is located within City right-of-way, it would need to be relocated . SO UTH BE D BO ARD OF ZO NING APPEALS Page 3 of3 Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS SEP O 1 '2023 I J DA\/\/N ,. JONE.S September 5, 2023 CITY CLERK. SOIJTl-f 8END, IN Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 110 S Main 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 September 11, 2023, meeting and set it for public hearing at your October 9, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the October 2, 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 a freestanding sign in OT Downtown District 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: 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. 55-23