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HomeMy WebLinkAboutSpecial Exception - 3226 E. Jefferson Blvd.Attest. RESOLUTION 4400 -14 Passed by the Common Council of the City of South Bend, Indiana October 27, Presented by me to the Mayor October 28, 14 20 City of South Bend, Indiana 14 City Clerk President of Common Council Approved and signed by me v 20—L�— . City Clerk RESOLUTION NO. L 00 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 3226 E. Jefferson Boulevard South Bend, Indiana 46615 WHEREAS, Indiana Code Section 36 -74- 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: 3226 E. Jefferson Boulevard South Bend, Indiana 46615 in order to permit Operate a child care facility without residing at the facility which is in a SF1 Zoned 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 effect from and after its adoption by the Common Council and approval by the Mayor. 1� 2014 JOHN VOORI)rc CITY CLERK, SOUTH END, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 3226 E. JEFFERSON BOULEVARD, 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. This bill was heard by the Zoning & Annexation Committee. Valerie Schey Chairperson, Committee of the Whole September 3, 2014 Area Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Special Exception/Use Petition Prentiss Jones Jr. and Ellen C Haron -Jones 52090 Brendan Hills Drive Granger, Indiana 46530 574 273 -6578; prenjigginail.com; ecjones98 @comcast.net Ladies and Gentlemen of the Area Board of Zoning Appeals: We are requesting variances for our property located at 3226 East Jefferson Boulevard, South Bend, IN 46615 in Portage Township (legal description: 75 feet East and West by 275 feet North and South beginning at point 1279.4 feet West of the Northeast comer on Jefferson West of Logan). The property is zoned "SF 1" and contains a single - family home with an attached garage. To comply with the letter and spirit of St Joseph County Ordinance: 9495 -04 section 21- 02.01, we are requesting a special exception variance to operate a child care facility at said property without residing at the property. We are also requesting variances: from the required perimeter landscaping to no additional landscaping: from the required 20' side yard setback for a non residential use to 4.7' for the existing structure; and from the required five (5) parking spaces to four (4). Pursuant to Indiana Code 36 -7 -4- 918.5: The approval of this variance will not be injurious to the public health safety, morals and general welfare of the community for the following reasons: • The facility will have limited use and will not burden the existing infrastructure (e.g., public water, public sanitary sewer, storm sewer, traffic flow /pattern) • The primary child care provider and co -owner (Ellen C Haron- Jones) is a certified Child Development Associate through the National Credentialing Program and is certified in CPR and AED through the American Heart Association. Ellen is familiar with the health and safety requirements necessary for operating a child care facility. • Child care will be provided for a maximum of twelve children at any one time. • The normal hours of operation will be during the typical workday (i.e., 7:00 AM to 6:30 PM, Monday through Friday). • Six core ethical values: trustworthiness, respect, responsibility, fairness, caring and citizenship will set the moral environment for the child care facility.+ Area Board of Zoning Appeals August 31, 2014 Page 2 • The garage, driveway, and two - vehicle parking pad on the property provides adequate parking for staff and dropping off and picking up children. The approval of this variance will not affect in a substantially adverse manner the use and value of the area adjacent to the property included in the variance for the following reasons: • We are not proposing any external changes to the property to accommodate the child care facility. • Other than play equipment in the backyard, there will be no exterior appearance or signs which show that a child care facility is being operated on the property. • The intended use is compatible with the current mixture of Office Buffer, SFl and SF2 properties in the neighborhood. • The proposed use is in harmony with the general purposes and intent of St Joseph County Ordinance: 9495 -04 section 21- 02.01. Strict adherence to the zoning ordinance will result in practical difficulties in the use of the property for the following reasons: • Strict adherence to the zoning ordinance would deprive the petitioners of privileges enjoyed by child care facility owners of similarly zoned properties in the neighboring area. • Strict adherence to the zoning ordinance would limit access to early learning opportunities in a community where such services are greatly needed. • The practical difficulties that would be created without the variance could not be alleviated by some other feasible alternative. In conclusion, we are not proposing any changes to the structural appearance of the property. Adequate parking is available and the existing public services will not be significantly affected. If our requests for the variances are granted, it would not adversely affect the character, livability, or development of properties or the surrounding area, nor would it be detrimental to the public welfare or contrary to adopted plans or development policies. In fact, we believe a favorable response to our petition will result in a child care facility that will benefit the community at large by providing an environment where a child's emotional, physical, and cognitive needs can be met in a family friendly environment. Thanks in advance for your fair assessment of our request. Sincerely, Prentiss Jones Jr. and Date: 69- 03—/(1 Ellen C Haron -Jones Date: AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 October 2, 2014 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Prentiss Jones Jr. & Ellen Haron -Jones ABZA 9/3/14 Dear Council Members: The above referenced petition of Prentiss Jones Jr. and Ellen Hawn Jones was legally advertised on September 18, 2014. The Area Board of Zoning Appeals gave it a public hearing on October 1, 2014 at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Urbanski and by a 7 -0 vote, the petition for Special Exception to allow a day care facility in a "SF I" District, on property located at 3226 E. Jefferson Blvd., is sent to the Common Council with a Favorable Recommendation with the following conditions: a 20' wide driveway or approval of a loop driveway from City Engineering; trim shrubs to 3'; and removal of tree in the tree lawn. 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. Sincerely)���� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION VARIANCE PURSUANT TO I.C. 36 -7 -4 -918 JONES & HARONJONES AREA BOARD OF ZONING APPEALS FINDING OF FACTS 1. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY 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 USE OR VALUE OF THE AREA ADJACENT TO THE SUBJECT PROPERTY WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNUSUAL AND UNNECESSARY HARDSHIP IF APPLIED TO THE SUBJECT PROPERTY FOR WHICH THE VARIANCE IS SOUGHT BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. CONDITIONS OR REVISIONS: REMOVAL OF THE PARKING VARIANCE & SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED DECISION ❑X IT IS THEREFORE the decision of this Board that this VARINCE PETITION is GRANTED, subject to any conditions stated in the Minutes (which conditions are incorporated herein by reference and made part of this decision). ADOPTED this 1sT Day of OCTOBER, 2014. YES NO ❑D MICHAEL URBANSKI RANDALL MATTHYS D ROBERT HAWLEY ❑X GERALD PHIPPS M JACK YOUNG 0 JOE VELLEMAN BRENDAN CRUMLISH