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Home My WebLink About17-24 Special Exception at 922 E Colfax Ave. Filed in Clerk's Office City of South Bend MAR 06 2024 BOARD OF ZONING APPEALS ianca Tirado City C►ek, South Bend, ►N March 5, 2024 Honorable Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 922 E. Colfax Avenue Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 11, 2024,Council meeting and set it for public hearing at your April 8, 2024, Council meeting.The petition is tentatively scheduled for public hearing at the April 1, 2024, 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, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Offir'e City Clerk, BILL NO. 17-24 MAR 0 6 2024 ORDINANCE NO. Bianca Tirado 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 922 EAST COLFAX AVENUE COUNCILMANIC DISTRICT NO. 4 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: 018-5014-0461 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: Bianca Tirado, 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 , 2024, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - City of South Bend 227 W. Jefferson - Suite 1400S 601 BOARD OF ZONING APPEALS South Bend, dtn zoning chi southbendin.gov RECEIVFf MAR 0 4 2024 Petition for Variance - Special Exception Property Information r '--6 Tax Key Number: Ok 6- 50 1`-f - 0 Lt(n 1 -nu 14e1 gi 11ev1 Address: q72- E coi n ,we , S 1i 13e-td N Li(p.(ol4 Owner: C1?-Z C C.6 14.4 LAG Zoning: Choose the current district NC, Nc.«;M+ar1-10.D o.Q Ca.,•ke.,—r Project Summary: /-i veh- i T7,e /. n..j 4 a "ho y�e S F�,/e /2o h 1 i U nct-c(' hi Resiete l,, Ca✓t /-fart.. hipos #tc 4 t' ei•vi(a:, ef4( 3I Lis a As/ =r¢ (Aru l &- 1 U Bed✓0 0 on tfbvv�t wv tit„eye G�`%t(kd J? � G?a va o• e n.�c� 1,kt 1-1v m e ' 17,.,e H wviiin` sa �v i rL &m-4,- /, ire y1,,�nr'en. s amitol'fe e s le"-ho-,-,- /fa wx1 2 y l -e aon„ 7 CA"( U 7 s ply rh efr.,/us.. am.) Srrr+-e 1 '.-4A leecK 0 SrrYI'ce 5__ Requested Action IN Special Exception/ Use Variance—complete and attach Criteria for Decision Making Use requested: C, p-e.,;cLcr,c-4._. 1 d Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: c [ p - 'yam 4 FrOM P (Cnq toir S, tiy2,^i^a 'C� 4GL, 6. coinvt tk- rre,.... ' 4-Y-1 Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale PAID ❑ Filing Fee f Per 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: v1 vi LIN R4-0 6tkt vvill he NNIiCen.e'd CVy.) livi / �Uv �2s Si .,`e — regISicr /faVS,n w, SCNIC.LI Pjf7�AS ht /pet",a""7 ?'J/? v+ /f'�✓s&hal C..are ' d so,„t Se -ilal ded ku,I 4-t1 r1-/0k6 4tNI c� 1 f w1,l l 6 e rc �rri,k or-hv rl '{-b�_IA u s� '�11D awa. LiJ4 Ih�XG[►+ltt'�vf Vl:^� k' rike. of b&ih tiv. !Grit inS}ifwc a-rsicf.dsIl Loto be dlc car 2. fevv s-frl-ff 1-rie ev^5 ',AAA) it jr wwJ f-ew. a4Apt. r r Jpectc wea Sprty (it J N rs (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Jv t 61 t k p 'v-4 , op to i n c/ 5-fef < v- ?kt orge, vti o d Crs(1,4 of' cf ct U T I ace►�f rvr-c,✓fy, /arca or p►-rsr e✓f,.� �/� l ues Oe re . (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: nr /,vim$ Js'- ibiAL ►men, 4bail l s rt.v1 C4/.fu1 [. '� e o`r !eise✓!y iotyw(ktiwt iv1 et., 64.441,hun I tit otC.✓vs5 � -rvwI f h"ect t 5 S00,1 rxna ci►hi c, !S CryISic.-± I► x ( j4'YIU , (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: p_ ) t/p PN;oAr�cf+t reV)-61 Ze + .`I`� par' !J� (` .,, GJ _ ` (�� SUt. 7L �✓ n ✓I 1 Vt�1 at_ Y�w tJ�S t►1c sS J tryst w C rete � /O to vA.1 1e C. 11" 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 n• welfare of the community, because: K cC The_ ,81,IIlct.�w ttes .4".1v) ZN! S kd jy ,� �I to�/S Gw�.fi� -it-o'ba nat k ri-v4n d +t e Y 19 &L,k c by E CI a Gt' 1 Ian CI (o e ►vto.- she JrnC.‘413 i��F VII C. n.tLow► KEG_-re ('Y Tye ?(704'Ill TO -h Ior�111 Prl)e(41111 ' Pt7 c4A Vtd-CIVt 5 • (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: w Q nu eK Ca y e TlA0- 1 p_ n.e.P.o✓k rt-,t t�.I'-(n�t w. W�G,QG /o�4 20�1 nGi � rM �Ue,� �/,t-� .t�•^ �J 1G C 2 /1. ti &i pro✓1t r�� ,p 4vt1 CiA-fferr pl,v St.,y'u i ,1c9 res f ✓• t4'e0 wiwKr..cfc• w. -6 .e �" s,sHr e 4ui4uo 1' Gt� 6Gee L '�' (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: fi+ wvo �►J b ix) �-v toIntIcH s+ , 4 hJ r!av S e14c14✓ ✓/ ►kj i tJ a►u 0 .ems c s kJ /0 (4)The variance granted is the minimum necessary, because: (5)The variance does not correct a hardship caused by a former or current owner of the property, because: Nik Contact Information Property owner(s) of the petition site: Name: /VUt m`C4,4v �` A Z-- Address: St`t109 l��Ce, fG�oll fit` _ LN 'l6,53-6 Name: i,1.7A F. 4`c Al v1 D Address: f �1- LA/Do zt ltey Gt 5 .3 .S— Name: Address: Contact Person:n Name: 2G rtr,„A.„d-e -2-- Address: 5101(,H t-(40 knoll Ct • �1ra n�v� p\I ues3 Phone Number: Lf c l7 E-mail: fYtIi bv�a, fi a / vAlt 11 • LD A^ rGt►t-I.414fe 1 r.1 I-co , 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: 9o/ Vr--- 31 ate zy G•