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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 Ciek, South Bend, kN 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, /1(ah,L /fit c Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 17-24 MAR 0 6 2024 ORDINANCE NO. Bianca Tirado 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 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 6601 BOARD OF ZONING APPEALS South Bend, ndin zoning@southbendin.gov RECEIVED MAR 0 4 2024 Petition for Variance - Special Exception Property Information Tax Key Number: Ok 6- 50 I`-f - `t to 1 1-kle1 If Eva Address: 617 E CO(( & A-+4. . S owtta /3-e Kd ZN (� Owner: - fZ C C6 Zoning: Choose the current district NC- Nc.voz..rho.D oQ CAS•�e Project Summary: O ve&. TAt, /3€yiefi AA a "b,u- iLic S11/4 /1-o v) /,Cvtis�ci4 Reside J LC £art i`faj+a.e hl„L)s I n ,�Pr�li c� f��'S��,P1.s ( b r..ru, --e 1 U P ro 0 eh 1-13wq ' 4o L . GvLi"i^iL Ylj ^Q .0/�.ik V1)0,0 Y►�!'Li ��// ttcimitf�Gt I-t+v m 2 • 77.e l/L)34 imn d sa ai if i v m r+� - li,� ,-,e r whe t s .Piv. o/4 � 5 e fe-ho-02. th.Q UJJ ?`/l e c,„ @� ear 7 S Vol'ha P 5es J,L CiAll 5If� 4-11 i&ee. e Sr>'yr c e 5 Requested Action IN Special Exception/ Use Variance- complete and attach Criteria for Decision Making Use requested: t,ra,z l_/ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: CC oo __ L Q tp+a-i C� d km. r. h vt �t L c.r r.c vet 1 FfOM �rtGnq �04 5 n c4 Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale PAID ❑ Filing Fee Per tO 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: �fz L Ike' t;en c! hl.cerisrd' wyt)si•i>.t 1Iv.n� w esicLLe c+ S � fro rJ h e u ✓� / �. is k e /f,,vs,n w rN� ��N�C.ei i .1,(V4JGtI1 ') is!17 /nZrsumil ay ( ( _s 11J61„i d f61 (c l c+i4 to+'ti"-z4 i f w, ( I 6 e cc V/tk 0rh 0 o z� �h c S c L�4 D C.0 1t_ L; ,G{e ,tis �0✓� 11 fC' t1kP I et CG of bZ,n 4n.� Gr�t +nStift�r nt rn�f I�Cslct vl�� „It! bZ e (,lti a car e -frow\ fe S tf f KyleJu IA)IAA) G'JIV4 e t o K vi, 7 1-e vvt Tom'✓ J p eC L c ti ✓l L ) 11,tS p trs or.c- 3< c, r ' , (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: ri ro e'1 G> Ae tic fri_ri s u r e fc> JyI KC/ rt,e pi Yv y up to e v-/-a ci 5-f-ef c 6, orzier -11) o v-CrSr 1'1 Cf aGU aCevr f�r � / litt,0 area or - frir 6 V��t i uE fiG.�re t o • (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: rie �;t� �,�S Js� jh ts;r,z,„ }-, _ �y�y Gt✓1 Gt u u + 411 "i CI:r e l LE.P✓r�/ ��(�pL�Gc�I bn t /✓1 U r 1� � d� ,il� ny /6,;0 k�, t y S� e hit ( .titUc.rD55 (Di( riY Sfrect r"s tie n!( i S rt, b.v C ltia �!�+ (.6 Tlz car► (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 1 ic. Mtn '� t�te CJ+�uI I Z� f-kr s par F c (L 5Ur f"4 &2 n G� �l+ rtyt, rie Y�.e w ��tS J rye sS h,z #' c C. re k e 1M rl U 1.1 Y►Y {�' 17-e Q 0 AA H.ti n_, ! . 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: �1 n-a The. .�u�Icl�w9 geS h ,f,1a,,,) 1✓�t S{�O' -Foy y ,v,N y cdl yes G�wfi -it fA neut. noAk) .c wr., der 4-0pt&!,kc hvs,,t f t� tt ad'.J 0 � IASItI 6o•e ►ra.-et CUrne inl �� i t ern s a,0 n c(i0►h r-c vt c e--ve f The Z b 04'Ai o1(� �7 JO/ !t e bl e✓'47I C4A Ita c,yjs ' l(J (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: 1AJL wy1,{ t?Ksu y e . tom nL CD rs,< h Rom, •2 o nt nG y, r.�1�f �.-Q .tom a/4 c e ,,j - f I� p✓o✓ie+rt7 C1�c-f(rtrr, 4k (�1 live S1, u's � td P y y G't et 0 f-•e✓ teeowtt,,ser. a Y...s jc * .eMsNYr CourItex Cam ' 2 Q vv i n q S7A►1 dGi v-of c (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: t-.f 4,11%1p iv z s`yn� ch",c5 toti i I el&s,�.j„ cox tolav, S Q,n.Cu✓ ✓� rsj Alp. i 7 a►u014-4-1 °61 41/LS C y (4)The variance granted is the minimum necessary, because: Lit w <►.av�k re. cots 41.0'1 ti,•t alel . (5)The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: t.1 ,1`(,4V "VacI Z-- Address: SI`t 9 leAe- IGvtoa Cr 6? 145$21 _ r 4653-6 • Name: " D Address: I i i 1- L.t106 61, y Gt 5 ovvtia / tit/L 3 S" Name: Address: Contact Person:�1 Name: 2G vtn.A,/t C-C✓►emu vt At - Address: 5)01 L H L-rto CI- • ?Yt4 nr p u(c3 Phone Number: - 3 2- E-mail: P � P'‘..aA fi a gil&A 11 cow rat 4vtfeyr+l6,1 1. Con•, 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: 3/e// zy Ci• ty of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 Apri12,2024 Filed in Cerk's Office APR 0 2 2024 Bianca Tirado Common Council of South Bend CitY Clerk, South Bend, IN 227 W.Jefferson Blvd,4th Floor South Bend, IN 46601 Re: #17-24: The petition of 922 E COLFAX LLC seeking a Special Exception for a Group Residence in the NC Neighborhood Center for property located at 922 COLFAX AVE Dear Council Members: I hereby Certify that the above referenced petition of 922 E COLFAX LLC was legally advertised on March 22,2024,and that the South Bend Board of Zoning Appeals at its public hearing on April 1,2024, took the following action: Upon a motion by Caitlin Stevens,being seconded by Frank Fotia and unanimously carried,a petition by 922 E COLFAX LLC seeking a Special Exception for a Group Residence for property located at 922 COLFAX AVE,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: 922 E COLFAX LLC Manicar D. &Ramona Fernandez MaLiza F. Aquino Building Department Bob Palmer Staff Report—BZA#0254-24 April 1, 2024 Property Information Location: 922 COLFAX AVE Owner: 922 E COLFAX LLC Project Summary Haven by the Bend will serve as a non-licensed residential care home/housing with services for the elderly. The home will offer 10 bedrooms, private bathrooms, shared amenities, and 24 hour care services. Requested Action Special Exception: a Group Residence Site Location a III R ,Ailiiiiiiiiiiiii E COLFAX��{y�C� A � �, .,,.... '.a r.' .{', Y ! /F, .{,yam(. / ?^ y .�' , \*\\NT, , „, ft: ,-v-xiiiml. , u_ 1. 1111111FIE k AID - A 7 1:\ ..i ''1 S. . , / �r _O Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTI I I3FNI)BO:1RU OF ZONING :1PPE,ILS Page 1 of 3 Filed in Clerk's Office APR 0 2 2024 Bianca Tirado City Clerk, South Bwa1, IN Filed in Clerk's Office APR 0 7 2024 Staff Report—BZA#0254-24 April 1, 2024 Bianca Tirado City Clerk, South Bend, IN Proposed Site Plan E COLFEAV 4 1 _ h if* w, A ti A 6 y .+ 414 , 1 . Y V r pl.z; e � ,, it .. 1 ...1 - IIV.A.' ilk o tear, ' ",, .,, "..$0 ititlyrTi .1, ' ,,, `,1":' . . ( Y j yi : A * ', . lit- 106161 ilk =, ''t - '' 4k.' II '"" Nir i__ _ No rrr 4. -4 z,- tr' *I, , - ' "- p 1t4 , ., , ' 4 " - 4 ,rr a. ' HIRsJCiTON ST SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0254-24 April 1, 2024 Criteria for Decision Making:Special Exception 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 should not be injurious to the public health, safety, comfort or general welfare of the community. A group residence aligns with the intent of NC districts to support a mixture of commercial uses and higher density dwelling units. (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 was formerly used as a dementia day services center, and the new use as an unlicensed residential care facility should similarly interact with the surrounding neighborhood in a low impact manner. (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 group residence will be consistent with the character of the district and neighborhood in both use and style of construction. Colfax Avenue is a mixed use corridor and the group residence will offer multiple dwelling units in a structure that is suitable for the use. (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: This group residence will be consistent with the character of the neighborhood in both use and style of construction. Colfax Avenue is a mixed use corridor and the group residence will offer multiple dwelling units in a structure that is suitable for the use. The group residence will meet the intent of the Comprehensive Plan by supporting a mix of housing types, densities, price ranges, and amenities. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office APR 0 7 20211 Bianca Tirade City Clerk, Scull ii:n(l. !'.! SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3