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Home My WebLink AboutSpecial Exception - Property located at 2221 Prairie Ave RESOLUTION 4242-13 Passed by the Common Council of the City of South Bend, Indiana March 11, 13 20 Attest: City Clerk Attest _ �— — President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 12, 20 13 dn'r)tAJ.-- City Clerk Approved and signed by me "4"(-4 i Z 20 /3 Maycr RESOLUTION NO. Z 2-:-(3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2221 Prairie Avenue, South bend,IN 46614 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: in order to permit the removal and reconstruction of Fire Station#5 located at 2221 Prairie Avenue, South Bend, IN 46614 SECTION II.Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 the adjacent area or 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 established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Filed in Office JAN 10 2013 PRESENTED NOT APPROVED CITY CLERK,Soup h SEND,IN `ADOPTED.;3 -1. t 4J Area Board of Zoning Appeals No. Filed: January 11, 2013 Notified: Hearing: February 6, 2013 Applicant: City of South Bend, Attn:John Engstrom, 235-5933 &Steve Cox, 235-7553 Address: 1316 County-City Building, 227 West Jefferson Blvd., South Bend, IN 46601 Property Address: 2221 Prairie Avenue, South Bend, IN 46614 Present Zoning: "MU" Mixed Use District Consultant: MPA Architects, 218 South Francis Street, South Bend, IN 46617, 288-0629 Nature of Appeal: Special Exception Request Approval of a Special Exception to allow the demolition and reconstruction and operation of Fire Station #5 on the existing property. Variance Requests: 1. From the minimum setback of 5'along Prairie Avenue to 3'. 2. From the required 50% building facade within the setback to 37%along Prairie Avenue. 3. From the minimum setback of 20'to 30' along Ewing Avenue. 4. A variance to allow parking in front of the maximum setback along Ewing Avenue. 5. From the required Type B landscaping along Ewing Avenue to no landscaping. 6. From the required Type A landscaping along Prairie Avenue to no landscaping. 7. From the required parking landscaping along Ewing Avenue to no landscaping. Standards for Special Exception: The proposed use of this property will be the same as it has been for a number of years as Fire Station #5. This use will in no way be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The new Fire Station will not injure or adversely affect the use of adjacent property values or adjacent area therein. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein and is compatible with the recommendations of the City of South Bend Comprehensive Plan. Standards for Variance Requests: The new Fire Station will be larger than the existing Fire Station and located within the same property. Plans are to have a larger apparatus bay to accommodate the installation of new Gear Lockers that are not present in the existing Fire Station and equipment storage. Living quarters will be enlarged to accommodate 12 people in the upstairs sleeping quarters with accommodations for future female fire fighters.The main floor will be larger to include a quiet room, exercise room, an office, larger kitchen/dining area and a handicap accessible restroom. There will be two added covered porches and a basement to have a new TV room, mechanical and extra storage areas. Plans are to save the existing 18 inch maple tree and 18 inch blue spruce trees that are currently on the property. In order to accommodate these changes and provide for a possible future addition of another apparatus bay along the west side of the building the above variances are required. The demolition of the existing Fire Station and the construction of the new Fire Station will not injure or adversely affect the adjacent property values but will enhance their value due to a new modern and better designed Fire Station. The existing and proposed use of this property will remain as it exists today. John C. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 February 7, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of the City of South Bend ABZA 2/6/13 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on January 18, 2013. The Area Board of Zoning Appeals gave it a public hearing on February 6,2013, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for the City of South Bend to allow a Fire Station in a"MU" Mixed Use District, on property located at 2221 Prairie Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS CITY OF SOUTH BEND FIRE DEPARTMENT FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health,safety, morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 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: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of February,2013. YES NO ABSENT MICHAEL URBANSKI RANDALL MATTHYS ABSENT JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2221 PRAIRIE AVENUE, SOUTH BEND, IN, 46619 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning &Annexation Committee. Karen L. White Chairperson, Committee of the Whole