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Home My WebLink AboutSpecial Exception - 264.02' of 1717 Hickory RoadRESOLUTlOt~ 3881-08 Passed by the Common Council of the City of South Bend, Indiana July 14, 08 Zo Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 29, 20 08 Approved and signed by me July 3 0 , 20 0 8 ~~ City Clerk RESOLUTION NO. 3 D 0 ~ ~ D~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 264.02' S of 1717 Hickory Rd. South Bend, IN 46635 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 South Bend 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 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: . 264.02' S of 1717 Hickory Rd. South Bend, IN 46635 in order to permit A Special Exception to allow for Recreational Use on SF-1 Zoning SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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 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. a Member of the moron Council Filed In Clerk's t~ffiice i,4AY 2 8 2008 JOHN VOOADE CRY CLERK, S0. BEND, IN. -~<<~SENTED ~'~ `~~ NOT APPROVE~- ADOPTED. ~ -L$~Og TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-61 A RESOLUTION OF THE COMMON .COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 264.02'S. OF 1717 HICKORY ROAD, SOUTH BEND, INDIANA 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. Derek D. Dieter Chairperson, Committee of the Whole BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME East Side Little League PHONE (574) 273-9547 ADDRESS 3450 East Keller Street, South Bend, IN 46635 ADDRESS OF PROPERTY 264.02' S of 1717 Hickory Rd, South Bend, IN 46635 PRESENT ZONING OF PROPERTY "SF-1"Single Family OWNER'S NAME Rudolph Schurko PHONE ADDRESS 4448 South Albany, Chicago, IL 60632 COUNSEL OR CONSULTANT Gregory A. Kil of Kil Architecture/Planning_PHONE (574) 288-2654 ADDRESS 1126 Lincolnway East, South Bend, Indiana 46601 NATURE OF APPEAL,-VARIANCE, OR SPECIAL EXCEPTION: Special Exception and Variance, described as follows: Special Exception to allow for Recreational Use on SF-1 Zoning Variance from the required Hard Surface to Grass and/or Gravel Surface for Parkin I attest under the penalties for perjury, that the foregoing representations are true. Signature of Property Owner (s) May 28, 2008 Board of Zoning Appeals of the City of South Bend 125 South Lafayette Blvd., Suite 100 South Bend, IN 46601 Re: Variances as described below: Dear Commission Members: On behalf of the contingent purchaser, East Side Little League, we request consideration of the Special Exception and Variance fully described as follows: Special Exception to allow for Recreational Use on SF-1 Zoning Variance from the required Hard Surface Parking to Grass and/or Gravel Surface for Parking for the property located at 264.02' S of 1717 Hickory Rd, So. Bend, IN 46635, South Bend, IN 46635 The special use and variance are requested for an expansion of the recreational baseball and softball use as part of East Side Little League. The proposed diamonds are for practice use and Diamond "B" possibly for league play. The size of diamonds will be for instructional T-ball league (5 to 7 years of age) and softball and instructional league (6 to 8 years of age) and softball league play from 5 to 18 years of age. The existing land is undeveloped and has scrub trees and lower story shrubbery. The land will not have any buildings developed as part of this improvement. Parking is proposed along the south edge of the site as shown on the site plan. This additional parking will help by providing overflow parking for peak times in between games. This parking is proposed as grass parking which is how the existing parking is surfaced at the existing park. Since the park is used only for part of the year, the grass area serves to keep down dust, allows for storm water percolation without requiring retention structures or retention basins. Basically, the storm runoff patterns would be similar to the existing'wooded area. 22 spaces are proposed and future bleachers are proposed for the Diamond "B" odly, as the other fields are for practice. Future. bleacher maximum seating capacity is established at 100. The frontyard setback will be maintained on Hickory Road and a tree buffer will be retained. Perimeter trees are proposed compliant with the landscape ordinance. The special exception and variance proposed are based upon the present zoning, which is "SF-1" Single Family Zoning District. The preliminary design for the building and proposed site plan has been reviewed with the City Officials, Jim Markle •and Charles Bulot. In accordance with requirements for variances, under the present zoning, the following is acknowledged that: a. The approval and proposed use will not be injurious to the public health,-safety, comfort, community moral standards, convenience and/or general welfare of the community; .._ - K I L ARCHITECTURE PLANNING www. kilarchitecture.com 1126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX as the developed area will allow for the recreational and instructional practice fields as part of the East Side Little League program, which is compatible to the adjacent use. b. The proposed use will not injure or adversely affect the use of the adjacent area and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; as the petitioner intends to maintain a high level of upkeep that is the well known throughout the area as the cleanest, well maintained park for our youth and highest quality ball diamonds in the state for the players. c. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; as the strict application of the hard surface parking requirements is intended for parking lots that are used year round. Also the costs to develop the asphalt or concrete lot and storm would be quite expensive. d. The proposed use will be consistent with. the character of the district in which it is located and the land uses authorized therein; as the adjacent land is park (Tarkington & Boehm Park) is used for recreational use. e. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; as this development retains the contiguous recreation park use and green space. On behalf of the contingent purchaser, East Side Little League, thank you for considering the special use and variance requests. Sincerely, `~.. Gregory A. Kil, NCARB, AIA Architect Kil Architecture /Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288-2654 Fax -(574) 289-2420 Cc: ESLL K I L ARCHITECTURE PLANNING www. ki I a rch itecture. com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX I I I O I O I 1 IIEY'6' ERICE AI ~-- I NO PARKING 1 1 NEY Y RNCE AI RAMf1C4 I I I ]3 . If= I - I NO I PARKING I NEW 6' RNCE Al HPo4ERB I NO PARKING I T-BALL I I I I I I I I I IE1 9YDE 1BEE 1"' - - O I MEY 6', %t,PFAI~iE1ER B6L G~IE- I`~ FIELD 'A' O O L~ (PRACTICE N,A, R>wT DIAMOND) Rnu. ~Yas I~ ~~/ cArz / RIILWE pIGOYf (RNRD)~ • ~/ m ~~ j° o ~ ~k I I ~l _:_. I 70' 198 0 O 6~fA1 Oa IRxtEf \h O O O 9 - i~ 1T IS' ~ 186'-/• t5' 1 NO 'I 1 PARKING r STI 1 JI RKI 11 1 ~ ~' GIRLS SOFTBALL JEFF BCHOGK FIELD (fNiM tFACVEI O ~' I 3 1 NO $, PARKING NO ~+b"~ 1~~ PARKING 811LN[ iG3 11 ~ ~ 1~ U 22E> ~t ~aP RAE SCHREINER FIELD DAVE COKER FIELD MINOR IFwGUEI MnJOR EEACUE) NO NO PARKING N[X 6' fTIKi Ai N PROPOSED SITE PLAN scr,~e r=1ar-0• - 828.33' NCM Y RNCE U R71YR1D1 ~/ - -- - R Y 0. iB4C - ~ - VI RIMrt F-1 25 rlcxc urcA~ 1 ~ I ~ O t_~ 1 FIELD 'B' 20. / ~ 1 BMAnOV ~ / FIELD 'D' a lRxE1 ~/ / (PRACTICE o OI B - - - j / DIAMOND) E I ' ~ ~ / / 49•.' ~' / / Irv FIELD 'C' / i ~~~ B - (PRACTICE i / DIAMOND) / ~ i 1 1 O 6Amlc fl~di I I I ~ ~ ~ / / flwarloP (~ - ~ O ~GR OAL UR I 25' FROM YMD SEiBACI(_ _ _ _ E _ - I 1 _ -_ _ _ _ _: _ _ CRF NING .. ~ .. J BpING UR KELLER STREET -- =-i_r_--~__i_r_~---i--~ r------~ I I I I I I I I I 1 I I I I I I I I ~ -- I _ ~ wTwl I I I I I I I I I I i -"-~ n I I I I 1 I I I I I I I O _~_T__I-^_T__I-~_ T__I ~ 1 I Q I II I I III I I III I I I I Y I I I I I I I I I I - U I I I I I I I 1 I I I I ~ ._ _ I I I I I I I I I I -L--~---~-L-~--~-L-~----I~ ~--- I I I I I I^ I I I I I ~ I I I I I I I I I ~ I ~, _y I I I I I I '•'T ~ _ ` ' I I I I' 1 I I I I I I I L_~_J-L_~__I-L_._L___I_J I I I I I 1 I I I I I I I I I I 1 I I I 1 I -1 / ~ ~J I I I I I I I I I ~I I I I I I I I I I 1 I I I ~~---~-J-L-~--~-L---~---I_J I__-I BULLA STREET r---T--I-r--T--I-r---r---I-~ r---~ K f L ARCHITECTURE P L A N N I N G 1126 LINCOLNWAV EABT ~OUeR 6ENOD, IN GREGORY A. KIL NCARB AIA ARCHITECT 574.288.2854 F~X.28B.2120 .Blerch8eclura.can ~- . ~~Pe- \o~ SITE IMPROVEMENTS FOR THE EAST SIDE LITTLE LEAGUE 264.02' SOUTH OF 1717 HICKORY RD. SOUTH BEND INDIANA, 46635 PROPOSED SITE PLAN DATE' MAY 28 200R. VARIANCE SUBMITTAL REVISED: C1.2 _~.~_„~. ESLL Special Use and Variance Petition List of Adjacent Property Owners May 28, 2008 24-1001-0549 Indiana & Michigan Electric Co Att Tax Department PO Box 16428 Columbus, OH 43216 24-1001-548 24-1001-0547 24-1001-546 24-1001-0545 Global Signal Acquisitions LLC 301 N Cattleman Road STE 300 Sarasota, FL 34232 24-1001-0369 Holmes Melvin L & Shelia L 1709 Rerick Drive South Bend, IN 46635 24-1001-0358 Wargo Patricia N 1710 Sterling Drive South Bend, IN 46635 24-1001-0439 Schurko Rudolph John 4448 South Albany Chicago, IL 60632 24-1001-0361 O&apos Neill Thomas P & Jennifer L 1728 Sterling Drive South Bend, IN 46635 24-1001-0362 Ramesh Robert P & Beverley F 1734 Sterling Drive South Bend, IN 46635 24-1001-0364 Spengler Steven A 1739 Rerick Drive South Bend, IN 46635 24-1001-0374 Cass Michael S & Ann M 3301 Cabot Drive South Bend, IN 46635 24-1004-0572 29-1001-000201 City of South Bend Public Parks EKM Sports Inc 321 E Walter Street 4122 N Hickory Road South Bend, IN 46614 Mishawaka, IN 46545 24-1001-0544 24-1001-0543 24-1001-0542 24-1001-0541 24-1001-0538 24-1001-0540 24-1001-0539 Jones Albert L Jr. Horvath Communications Inc. 1621 Hickory Road 401 E. Colfax Avenue South Bend, IN 46635 South Bend, IN 46617 24-1001-0357 24-1001-0370 Meyer Matthew R & Jodi L & Rhodes Robert E & Sarah E Meyer Melvin M & Elizabeth 1701 Rerick Drive 1702 Sterling Drive South Bend, IN 46635 South Bend, IN 46635 24-1001-0359 24-1001-0368 Puchala Frank & Sally Yant Thomas C & Sharon M 1716 Sterling Drive 1715 Rerick Drive South Bend, IN 46635 South Bend, IN 46635 24-1001-0360 24-1001-0367 Kosanovich Robert J & Vicky S Nothstine Mark & Shay 1722 Sterling Drive 1721 Rerick Drive South Bend, IN 46635 South Bend, IN 46635 24-1001-0366 29-1001-0014 29-1001-000101 Deal Rick L Edwards Rose of Indiana 1727 Rerick Drive P.O. Box 3015 South Bend, IN 46635 Kalamazoo, MI 49003 24-1001-0365 24-1001-0363 Brown Curtis L & Patricia L Moore Robert D & Caroline 1733 Rerick Drive 3306 Cabot Drive South Bend, IN 46635 South Bend, IN 46635 24-1001-043601 24-1001-0375 Department of Public Parks McCreary Kenneth Q 301 South St. Louis Boulevard 3229 Cabot Drive South Bend, IN 46617 South Bend, IN 46635 24-1001-0373 24-100-0372 Poland Jay Lynn & Joyce Janet Michalski Peggy A 3309 Cabot Drive 3315 Cabot Drive South Bend, IN 46635 South Bend, IN 46635 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 June 20, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 6/19/08 Dear Council Members: The above referenced petition of East Side Little League was legally advertised on June 5, 2008. The Board of Zoning Appeals gave it a public hearing on June 19, 2008, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception of East Side Little League for recreational use in a "SF1" district, on property located at west side of Hickory Road south of 1717 Hickory Road , is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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 pp 7.~~C.~ Charles C. Belot Building Commissioner CCB/cah FAST SIllE LITTLE LEAGUF_ (recreational use in "SFl") SPECIAL E\CEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPL-ALS C'I"I'l' OF SOUTII BEND, INDIANA FINDINCIS OF FAC"1- 1 . TI-I L= PROPOSED L'SE \\'ll_L NOT BL- IN.IURIOUS TO THL- PUBLIC ]-IEALTH. SAFETY, COMFORT, C'O`1~'11.1NI"I'1' MOP..AL STANDARDS. CONVL-NIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all huildin~„ t7re safety, traffic, and parking regulations as to nut being injurious to the puUlic health, safety, murals, and general welfare of [he COlllmtl111ty. 3. "fl-1L PROPOSED USG \VILL NOT IN.ILIP.E OP. ADVERSELY AFFECT THE USE OF "I HE ADJACENT ARE.~\ OR PROI'L-RTl' \'ALLIES TI-IEP.EIN BECAUSE: "1'he variance or use shall improve the appearance o1-the neighborhood and will not devalue the surrounding pl'l)pCl'l ICS. _. THE PP.OI'OSED US'E \\'ILL BL- CONSISTENT WITI-I TI-IE CI-IAP.ACTER OF THE DISTR/C'T 1N WI-ITCH IT IS LOCATED AND THE LAND USES AUTI-IORIZED TI-IEREIN BECAUSE: Bein~_ that the petition is only temporary. it will not affect the value of the sun-ounding properties. =F. TI-IE PROPOSED USE IS COMPATIBLE WITI-I TI-IE RECOMMENDATIONS OF THE CITY OF SOUTI-I BEND C'0~1lPR6h'ENSII E PI_,=1IY BECAUSE: It is the feeling of the Board that the variance is blending into the overal] Comprehensive Plan and is not deviatin_ 1i-om it's intent. CONDITIONS OP. RL-~'ISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall he passed onto the City of South Bend Common Council with a: F-4~'ORAI3LE RECO)\'IME1~'DATION .ADOP-I-ED this 19"fH Dav oP.IUNE. 3005 l"ES NO ® RICHARD KILBASE ® CHRISTOPI-I I-IOFFMAN ® DA\'ID SASSANO ® MAURICE HOBAN ® ELON'DA ~\'ILDER-HAMILTON