HomeMy WebLinkAboutBill No. 73-23 Special Exception Ordinance for 1044 Lincolnway W BILL NO. 73-23
Filed in Clerk's Office
ORDINANCE NO. 10987-23
NOV 07 2023
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 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 U; ;i• t
NOV 07 2023
DAWN M.JONE
CITY CLERK,SOUTH -Jer, IN
- 2 -
City of South Bend 227REGlEMED0nOET581a20211oos
BOARD OF ZONING APPEALS South Bend, IN af��o1
Petition for Variance - Special Exception
Property Information DAWN M.JO iEs12) /I,
Q CITY CLERK,SOUTH 6 Llt__
Tax Key Number: o(�
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Owner: )161)a
Zoning: Choose the current district u 3
Project Summary:
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Requested Action
Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested: CIro4I.QSi AC,Q.
❑ 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 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:
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(2) The proposed use will not injure or adversely affec the use of the adjacent area �,
or property values therein, because: �\' \ h O jilt/, r�r�� /`)
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(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:
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(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
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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) T use and value of the area adjacent to the property included in the variance will
not be fected in a substantially adverse manner, because:
(3) The strict application the terms of this"Chapter would result in practical
difficulties in the use of the roperty, because:
(4)The variance granted is the minimum necess ry, because:
45) The variance does not correct a hardship caused by a former or'surrent owner of
the property, because:
Contact Information
Property_owner(s) of the petition site:
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Name. 1 % ?J ker
Address: ?B5 jQ
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Name:
Address.
Name
Address _
Contact P rson: tki
Name _ 1 `�100ke r
Address: H 19 Pie- t �'
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Phone Number.) ! i u7 0.7j —167 t
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.
Filed in Clerk
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Property Owner (s) Signatures
i NOV 07 2023 j
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