HomeMy WebLinkAboutSpecial Exception - 2105 Miami St.Attest:
RESOLUTION
3557 -06
Passed by the Common Council of the City of South Bend, Indiana
February 13, 06
20_.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 14,
IN
Approved and signed by me FEBRUARY 14 2006
City Clerk
RESOLUTION NO. 3.5 5? -O�a
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
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 Zoning Board of Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5,
requesting that a Special Exception be granted for the property located at 2105 Miami
Street South Bend Indiana 46613 in order to permit offsite parking.
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:
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.
PRESENTED Ji-0
NOT APPROVED
ADOPTED
Member of the Comm Council
Eit�d lr s 01tWe
DEC 2 g 2005
CITY
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06 -10 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 2105 MIAMI STREET,
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.
Roland Kelly
Chairman
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME: Living Word Community Church PHONE: (574) 288 -0573
ADDRESS: 2002 Miami Street, South Bend, Indiana 46613
ADDRESS OF PROPERTY, 2105 Miami Street, South Bend, Indiana 46613
PRESENT ZONING OF PROPERTY: COMMERCIAL
OWNER'S NAME: Schiffman Chiropractic Clinic PHONE: (574) 251 -0000
ADDRESS: 2105 Miami Street, South Bend, In 46613
COUNSEL, OR CONSULTANT: PHONE:
ADDRESS:
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
Living Word Community Church is seeking a Special Exception to allow off site
parking, and for the following variances:
t) from the required number of spaces Twenty -six (26) to Twenty (20)
I attest under the penalties for perjury, that the foregoing representations are true.
ignature of Property Owners}
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUT14 BEND
WRITTEN STATFM NT OF PFTI(T)i¢N
APPLICANT'S NAME: Living Word Community Church PHONE: (574)' AR -057;3
ADDRESS: 20142 Miami Street, South Fiend, Indiana 46613
ADDRESS OF PROPERTY: 2145 Miami Street, South Bend, Indiana 46641
PRESENT ZONING OF PROPERTY: COMMERCIAL
OWNER'S NAME: Schiffenan Chiropractic Clinic / R.E. PHONE: (574) 251 -4404
ADDRESS; 2105 Miami Street., South fiend, In 46613
NATURE OF APPEAL, VARIANCE„ OR SPECIAL EXCEPTION:
Living Word Community Church is seeking; a Special Exception to allow off site
parking, and for the following variances:
1) From the required number of spaces Twenty -six (26) to Twenty (24)
IHE STANBARDS FOR S- - 1_ FXC KE-1 ON5 I.C. 16 -7 -4 -918.4 are:
1) The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare; Itt
Chis we afFims the location under en_ nsideration i�c� @t1t1 fi �r
lrtg t *�e v�sh tcti� . to hit use for church reL,te�t F,fl�ons.
2) The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein; to this g�-affirm the location imd�r
consideration is !;UK Ully�r parking- we wish toontinue that use
&C church r hn >A f mgt(Qlts.
3) The proposed use wil l be consistent with the character of the district in
which it is located and the land uses authorized therein-.1Q thin we aflimt
thy location under cgpsidel�tign is cur___ rently use,S� �rki�= we wish to
scLt1L%t*tue thgt use for �h�r�h rehte�function�,
4) The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive Plan. To this_ w��ne�tfully r�uesl lj�i
I attest under the penalties for perjury, that the foregoing representations are true,
Sigfiature of Property owner(g)
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAx: (574) 235 -5541
January 20, 2006
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 1/19/06
The petition of Living Word Community Church seeing a Special Exception for off site
parking, on property located at 2105 Miami Street. Zoned "MU" Mixed Use
Dear Council Members:
The above referenced petition of Living Word Community Church was legally advertised on
January 5, 2006. The Board of Zoning Appeals gave it a public hearing on January 19, 2006, at
which time the following action was taken:
Upon a motion by Mr. Hoban, being seconded by Mr. Kilbase and unanimously carried,
the petition for Special Exception for off site parking, on property located at 2105 Miami
St., is sent to the South Bend 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,
Charles C. Bulot
Assistant Zoning Administrator
CCB /cah