HomeMy WebLinkAboutSpecial Exception - 1601 W. Sample St.Attes
RESOLUTION
3396 -04
Passed by the Common Council of the City of South Bend, Indiana
October 25, 04
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
October 26, 20 04
City Clerk
dent of Common Council
Approved and signed by me �C ' �' 2� 20LY .
City Clerk
Maw
RESOLUTION No. 33T* * " 0 1
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
1601 WEST SAMPLE 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 it's intention to consider
Petitions from the Board of Zoning Appeals for approval or disapproval; and
Whereas, the Common Council must take action within thirty (30) days after the
board of Zoning Appeals makes it's 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 Indian Code Section 5- 14- 1.5 -5,
requesting that a special exception be granted for the property located at 1601 West
Sample Street in order to permit off -site parking.
SECTION H. 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
find that:
1. The approval will not be injurious to the public health, safety, morals,
and general welfare of the community;
2. The use and value of the area adjacent to the property included in the
special exception will not be affected in a substantially adverse
manner;
3. The need for the special exception arises from specific conditions
peculiar to the property involved;
4. The strict application of the terms of the Zoning Ordinance will
constitute an unnecessary hardship if applied to the property for which
this special exception is sought; and
5. The approval does not interfere substantially with the Comprehensive
Plan adopted by the City of South Bend.
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. this resolution shall be in full force and effect from and after its
adopted by the Common Council and approved b the Mayor.
tuber of the Common Council
PRESENTED I D `LS
NOT APPROVED
ADOPTED
Filed In Clerk's Office
AUG 2 5 2004
JOHN VOORDE
CITY CLERK, SO. BEND, M.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -112 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 1601 WEST SAMPLE 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.
Sean Coleman
Chairman
OCT 11- '04 .09 :35AM LANG FEENEY ASSOC.
J N
WILLWA A D. LANG, PROS.
JoIaN.B.FE�NEY,L.S., '
- 'fERnNCE;D.1.nNC „L.S.
LANG, FEENEY and ASSOCIATES, INC.
LAND SURVEYING • CONSTRUCTION ENGINEERING
715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601
TELEPHONE 574/233 -1841 • FACSIMILE 574/674 -0374
October 1, 1, 2004
City of SotA. Bend
C9mnton,Counci1
Room 455, County -City Building
South Bend, Indiana 46601
P.2/2
SUB- DIVISIONS
BOUNDARY SURVEYS
TOPOGRAPHIC SURVEYS
CONSTRUCTION SURVEYS
E-m 0o. Oy -6l�
Re: St. Mary's of the Holy Rosary Polish National Church
Petition for special exception and variances
To the Conimon,Council,
On behalf of the petitioners of the above referenced, we request the petitioned be
continued on at the October 25, 2004.
Sincerely, l
Terance D Lang
Filed In Clerk's Office
OC 1 1 1 2004
JOHN VOONDE
CITY CLERK, SO. BEND, IN.
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME: Father Charles Zawistowski PHONE: 574- 233 -1961
ADDRESS: 159 North Summit Drive, South Bend, Indiana 46619
ADDRESS OF PROPERTY: 1601 West Sample Street, South Bend, Indiana 46619
PRESENT ZONING OF PROPERTY: SF2 — Single Family and Two Family District
OWNER'S NAME: St. Mary's of the Holy Rosary Polish National Catholic Church
ADDRESS: 1601 West Sample Street, South Bend, Indiana 46619
COUNSEL OR CONSULTANT: LANG, FEENEY & ASSOC., INC. C/O Bernie Feeney
ADDRESS: 715 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601
PHONE: 574- 233 -1841
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Applicant wishes to utilize a
parking lot on site as well as on an adjacent piece of property.
1.) seeking a special exception to allow off site parking in SF2 and from the required 20' residential
buffer yard to 0'.
2.) seeking a variance from the required screening to no screening along the entire West property
line.
I ATTEST UNDER THE PENALTIES FOR PERJURY, THAT THE FOREGOING
REPRESENTATIONS ARE TRUE.
Father Charles Zawistowski