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HomeMy WebLinkAboutSpecial Exception - 818 Thomas StAttest. RESOLUTION 4288 -13 Passed by the Common Council of the City of South Bend, Indiana October 14, 13 20 . awea)V4& Presented by me to the Mayor of the City of South Bend, Indiana October 15, 20 13. City Clerk President of Common Council Approved and signed by me 0C T06 fit is 20-f j City Clerk RESOLUTION NO. l Z 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 818 Thomas Street 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: 818 Thomas Street, South Bend, IN 46601 -2537. inordertopermit Bed and Breakfast (Guest House). 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. PRESENTEd. L� `t 4-0 4�. NOT WPW6,YEd .ODOPTEO L0 4q -1,3 alzeadj\&& Member of the Common Council Filed- in Clerk's Q. I N13` J YOGRDE CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -56 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 818 THOMAS STREET 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 If Ir Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314 - 973.8686 Don Lindner, CEO 7/10/2013 Ref: Petition for Variance Dear Members of the Board: #1C Seeking a Special Exception for a Bed & Breakfast in a "SF2" District Please consider the proposal for the intended Avanti- Oriented Bed and Breakfast at 818 W. Thomas Street, South Bend, IN 46601 -2537, just across the street from the Studebaker National Museum entry-exit. The advantages are as follows: A It will assist in preserving the Studebaker Avanti. B It will provide enjoyment and entertainment. C It is a place to house and display my $50,000+ collection of material. D It will provide local lodging for visitors to the Studebaker National Museum /Indiana Center for History. E It offers another attraction for S. Bend visitors. (S. Bend attracts people from all over the world in many cases for the love of Studebaker and Avanti). This project will offer additional revenue to the area. F The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This building was vacant and in disrepair for a lengthy time. I think most would agree that what has been accomplished in the last year with funds and hard work invested, is an asset to the neighborhood as well as the local community. Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314- 973 -8686 Don Lindner, CEO G The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Many feel this would be a positive addition to the museum corridor. a. The property has been much improved since I purchased it. b. The property is surrounded on 3 sides by the Studebaker National Museum and Center for History and I own the rental house to the west. c. Every neighbor with whom I spoke with was happy and excited about the project. The property was overgrown in weeds, filled with trash and was an eye sore. H The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein Improvements are in keeping with the original building. The roof had severe leaks when purchased. A new roof has been installed and extensive refin- ishing of wood doors, trim, etc. was done to all original wood that was salvageable. Painting and other outside work was done to keep the integrity of the original facade. This will be an extension of the Museum District that is already there. I The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The area already has museums and residential properties. I feel it is going to be compatible with the Comprehensive Plan for the City. I have invested in the community and will continue to do so. Thank you for your consideration. Sincerely, Donald R. Lindner Advisory Board: Ed Meyer, Don Han, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314- 973 -8686 Don Lindner, CEO A bit about myself: A At this time, I am the only principal but have supporters, advisors and contributors of both materials and money. B The LLC is currently based and registered in Missouri. C I have never been arrested (other than getting a ticket for traffic violation). D I've never been bankrupt. E I've earned an honorable discharge from the US Air Force and Missouri Air National Guard. F I currently employ 88 people in seven child care businesses and rental property. G I've been married to the same woman, Janet V. Lindner for 50 years and 3 months. H I have been visiting S. Bend for the last 20 years. I I have 27 years of perfect attendance with the Bridgeton, MO Kiwanis Club. J I have been a member and visitor of the Studebaker National Museum almost yearly since 1993. 1 am the Founder and was the Avanti Association Memorabilia Chairman from 1998 to June 2012. K My wife and I own our own house. Don Lindner, CEO Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. AvM Var 7.10.13.pages AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fax: (574) 235 -5541 August 8, 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 Donald Lindner /Avanti Guest House ABZA 8/7/13 Dear Council Members: The above referenced petition of Donald Lindner was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, is sent to 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. Since Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS LINDNERIAVANTI GUESTHOUSE FINDINGS OF FACT L 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 BENDS 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 its 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 7TH Day of AUGUST, 2013. YES NO 0 MICHAEL URBANSKI 0 RANDALL MATTHYS FRI JACK YOUNG 0 GERALD PHIPPS 0 ROBERT HAWLEY ABSENT JOE VELLEMAN 0 BRENDAN CRUMLISH