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HomeMy WebLinkAboutSpecial Exception - Property Located at 4445 S. Linden RdAttest: RESOLUTION 4372 -14 Passed by the Common Council of the City of South Bend, Indiana July 14, 14 2Q_. Presented by me to fie Mayor of the City of South Bend, Indiana July 15, 14 zo _ Approved and signed by me J V /,I i S Me City Clerk President of Common Council 201 y . City Clerk RESOLUTION NO. � 312— ( Y 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 4445 S. LINDEN ROAD 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: 4445 S. LINDEN ROAD in order to permit AD" CARE CENTER IN A 11SF7°7 DISTRICT 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 Common Council and approval by the Mayor. / rkt JCNQD I - l'I - i� NOT APKQWQ its adoption by the Filed in Cler' _., ce AV G14 JU Cl IYYCLE ;L?I D, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -64 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 4445 S. LINDEN ROAD 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. Valerie Schey Chairperson, Committee of the Whole AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 4, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Lester & Tammy Dent 4445 Linden Road Dear Council Members: The above referenced petition of Lester& Tammy Dant was legally advertised on May 20, 2014. The Area Board of Zoning Appeals gave it apublic hearing on June 4, 2014, at which time the following action wastaken: Upon a motion by Mr. Matthys being seconded by Mr. Hawley and by a 5 -0 vote, the petition for Special Exception to allow a day care center in a "SFI" District on property located at 4445 S. Linden Road, 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. Sincerel ?" . Charles C. Bulot, C.B.O. Building Commissioner CCB /cah 4 -15 -2014 Area Board of Zoning Appeals: e d From: Lester & Tammy Dant, 26030 Northwood Dr. South Bend, In 46628 Phone# 5,4A4�8, owners of The Apple Tree Day Care Center Lda i Located at 4445 S. Linden Rd. South Bend, In 46614 Centre Township We are requesting a Special Exception for a Day Care Center in a SF -1 Zoning at our present location noted above. We are also seeking variances for parking within the front yard setbacks along Ireland Rd. from 25 ft to 14 ft & along Linden Rd. from 25 ft to 8 ft. Current Zoning: Single Family —1 1. The proposed use will not be injurious to public health, safety, comfort, community moral standards, convenience or general welfare. We have operated a day care center at this location since 1998. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values as we have operated a Day Care Center at this location since 1998. 3. The proposed use is 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. John W Werntz, Architect of 52075 Farmington Sq. Rd. Granger, In 46530 574- 277 -9664 will be the presenter.