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Home My WebLink AboutSpecial Exception - NW Corner Vaness & WillisRESOLUTION 3686-07 Passed by the Common Council of the City of South Bend, Indiana January 22, Attest: 07 zo City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 23, 07 20 Approved and signed by me January 24 20QZ_ . ~~~~t,e-~i~1 City Clerk RESOLUTION NO. ~0~_Q 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 (NORTHWEST CORNER OF VANESS STREET AND W[LLIS AVENUE, SOUTH BEND, INDIANA) 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 pursuant to I.C. 36-7-4-918.6; 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: (NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for amulti-story Condominium Hotel facility for the Northwest corner of Vaness Street and Willis Avenue, South Bend, Indiana per Section 21-03.02 (2) (C) of the City of South Bend Zoning Ordinance. 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; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). 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. ^-~ ` J~~. Member of the Commo Council ~YY6i~ ~~ ~~bv~ d~~T i,,,~~t4i~ OCT 1 8 2006 JQH"I VQOIiDE CITY Ct_Ef{K, S0. bFPlD, IN. ~~~r~~ ~ ~-zL-~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-117 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 THE NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE, 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. Karen L. White Chairperson BOARD OF ZONING APPEALS NO. NOTIFIED , 20 FILED , 20 HEARING , 20 APPEAL Applicant's Name: CARMINE & MARIA MARTINO Phone 277-0787 Address: 52263 CARRIAGE HILLS DRIVE, SOUTH BEND, INDIANA 46635 Applicant's Name: SILVIO MARTINO Phone 277-0787 Address: 18349 VANESS STREET, SOUTH BEND, INDIANA 46637 Applicant's Name: JOHN ROY Phone 949-456-0343 Address: 30580 QUAIL POINTS DRIVE, GRANGER, INDIANA 46530 Address of Property: NORTHWEST CORNER OF VANESS DRIVE & WILLIS AVENUE, SOUTH BEND, INDIANA 46637 Present Zoning of Property: "R" RESIDENTIAL (COUNTY) PENDING REZONING TO THE "MU" MIXED USE DISTRICT Owner's Name: CARMINE & MARIA MARTINO Phone 277-0787 Address: 52263 CARRIAGE HILLS DRIVE, SOUTH BEND, INDIANA 46635 Owner's Name: SILVIO MARTINO Phone 277-0787 Address: 18349 VANESS STREET, SOUTH BEND, INDIANA 46637 Owner's Name: JOHN ROY Phone 949-456-0343 Address: 30580 QUAIL POINTS DRIVE, GRANGER, INDIANA 46530 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE, SOUTH BEND, INDIANA 46637 2 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: PARCEL "A"; A). Special Exception Request: PARCEL "A"; A). Approval of a Special Exception as allowed under Section 21-03.02 (2)(C) of the City of South-Bend Zoning Ordinance to allow for the construction of a multi- story Condominium Hotel facility, THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE, SOUTH BEND, INDIANA 46637. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "R" Residential (County Zoning). The Petitioners are in the process of requesting that the shown property be Annexed into the City of South Bend and Rezoned to the "MU" Mixed Use District classification. The Petitioners desire to raze the existing single-family home that is on the eastern portion of the property and replace it with a multi- story Condominium Hotel facility. The proposed new building will have an urbanized feel to the structure and will be placed close to the existing right-of-way for Vaness Street. The frontage along Vaness Street will be improved to add parallel parking spaces along the sites' entire length and a new sidewalk area will be created that will be constructed out of colored pavers and will have several tree planters installed. Along the face of the new building there will be landscaping installed which will have a mix of evergreen & deciduous shrubbery and flowering annuals and perennial plants. Other amenities will include streetscape furniture place along said frontage. Additional parking will be provided on-site to the North of the new building. Along the perimeter of the site which is adjacent to existing residential, an evergreen buffer will be installed. The suites within the proposed Hotel will be offered for sell as condominum suites. This type of facility has been done successfully at other locations in and around the South Bend-Mishawaka metro area. The Petitioners believe that this location being close to Notre Dame and downtown South Bend and Mishawaka will have a great appeal to a large number of interested buyers. The Petitioners understand that in order to allow for the construction of the Hotel facility, a Special Exception is required to be approved. With regards to the Special Exception, the Petitioners would state that they believe approval of the Special Exception for the Hotel facility will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Hotel will be residential in character as the suites will be condominiums with no commercial use. The proposed Hotel facility would not injure or adversely affect the use of the adjacent area or property values 3 therein. This proposed building will actually create a buffer area between the more intense Commercial uses that presently exist along the South side of Vaness Street and on the East side of Willis Avenue by the existing Automotive Tire and Service Center. The Petitioners believe this proposed use .will be consistent with the character of the district in which it is located and the land uses authorized therein. The Petitioners believe this use will allow for a layering of land use types which, at the present, are high intensity Commercial uses along the South side of Vaness Street, Commercial use on the East side of Willis Avenue, Student Apartments to the Southwest of the Petition site and a mix of single-family homes and quad-plex residential homes to the North. The Petitioners also believe that approval of this Special Exception will be compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). To re-state as described above, the Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for the proposed Hotel would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or .injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Special Exception is sought: that the need for the Special Exception arises from such condition peculiar , to the property in the same Zone : and that the use or value of the .area adjacent to the property described. in the petition for the Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harney & Associates, Inc. Property Owners Within 300 Feet John C Roy John C Roy John Roy 30580 Quail Pointe Dr 30580 Quail Pointe Dr 30580 Quail Pointe Drive Granger, IN. 46530 Granger, IN. 46530 Granger, IN. 46530 Tax Key # 002 1106 538101 Tax Key # 002 1106 5388 Tax Key # 002 1106 5389 John Roy Silvio Martino Carmine & Maria Martino 30580 Quail Pointe Drive 18349 Vaness St 52263 Carriage Hills Dr Granger, IN. 46530 South Bend, IN. 46637 South Bend, IN. 46635 Tax Key # 002 1106 539302 Tax Key # 002 1106 539301 Tax Key # 002 1106 5394 Carmine 8~ Maria Martino University of Notre Dame Du Lac University of Notre Dame Du Lac 52263 Carriage Hills Drive 836 Grace Hall 836 Grace Hall South Bend, IN. 46635 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5395 Tax Key # 002 1022 0507 Tax Key # 002 1106 5369 University of Notre Dame /Angel Mary B Perry University of Notre Dame /Angel Miller 54673 Burdette Street Miller 824 Grace Hall South Bend, IN. 46637 824 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5371 Notre Dame, IN. 46556 Tax KPV # nm 11 nR fi37(1 Tax KPV # M7 11 nF ~iA7~n1 Willie 8~ Pamela Harris Willie 8~ Pamela Harris Robert Johnson/ Clinton D.,J.Rinehart 54693 Burdette Street 54693 Burdette Street 54666 Ivy Road South Bend, IN. 46637 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 5372 Tax Key # 002 1106 537202 Tax Key # 002 1106 5376 Adam 8~ Jozefa Zdanowski University of Notre Dame /Angel University of Notre Dame Du Lac 9321 Laurence Street Miller 836 Grace Hall Allen Park, MI. 48101 824 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5377 Notre Dame, IN. 46556 Tax Key # 002 1106 5386 Tax KPV # nn~ 11 nR .r,RR1 Thomas Chapleau University of Notre Dame Du Lac University of Notre Dame Du Lac 475 Capricorn Street 836 Grace Hall 836 Grace Hall Brea, CA. 92821 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5387 Tax Key # 002 1106 539203 Tax Key # 002 1106 5392 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 836 Grace Hall 836 Grace Hall 910 Flanner Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 539202 Tax Key # 002 1106 539201 Tax Key # 002 1106 5393 Irish Crossings Development University of Notre Dame Du Lac Chester Los P.O.Box 429 836 Grace Hall 54722 Burdette Street Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46637 Tax Key # 002 1106 5362 Tax Key # 002 1106 5382 Tax Key # 002 1106 5383 Chester Los Irish Crossings Development Inc Irish Crossings Development LLC 54722 Burdette Street P.O. Box 429 P.O.Box 429 South Bend, IN. 46637 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 538901 Tax Key # 002 1106 5374 Tax Key # 002 1106 537901 Irish Crossings Development LLC P.O. Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5379 Jean Johnson 54703 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 538401 Glenn & Kaye Blossom 20 Lyndale Ave Staten Island, NY. 10312 Tax Key # 002 1106 5384 Robert Howland 54739 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 5390 Zolman Tire Inc. 18255 Vaness Street South Bend, IN. 46637 Tax Key # 002 1106 539101 State of Indiana / INDOT 100 N Senate Ave Indianapolis, IN. 46204 Tax Key # 024 1008 0660 Campus East LP 306 S Notre Dame South Bend, IN. 46617 Tax Key # 024 1003 056601 Aimco Turtle Creek LP P.O. Box 28 Dallas, TX. 75240 Tax Key # 024 1003 0565 Kuz Realty LLC 52024 Fall Creek Dr Granger, IN. 46530 Tax Key # 002 1105 527802 South Bend Brookhaven LLC 380 Union St. Suite 300 Springfield, MA. 01109 Tax Key # 024 1106 539712 Salvation Army 510 S Main Street South Bend, IN. 46601 Tax Key # 024 1106 539710 State of Indiana / INDOT 100 N Senate Indianapolis, IN. 46204 Tax Key # 024 1008 0659 Kevin 8~ Victoria Kwiatkowski 117 W Catalpa Mishawaka, IN. 46545 Tax Key # 024 1003 056602 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5273 John Roy 30580 Quail Pointe Drive Granger, IN. 46530 Tax Key # 002 1106 5380 Salvation Army 510 S Main Street South Bend, IN. 46601 Tax Key # 024 1106 539714 Wissco Irrigation Inc. 1820 South Bend Ave South Bend, IN. 46637 Tax Key # 024 1008 0658 Charles Hayes Inc. 814 Marietta Street South Bend, IN. 46601 Tax Key # 024 1003 056604 Edward Redman /Marie Moore 54756 N Ivy Road South Bend, IN. 46637 Tax Key # 002 1105 5274 NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana will hold a public hearing in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 16th day of November, 2006, at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by Carmine ~ Maria Martino of 52263 Carriage Hills Drive, South Bend, Indiana 46635, Silvio Martino of 18349 Vaness Street, South Bend, Indiana 46637 and John Roy of 30580 Quail Pointe Drive, Granger, Indiana 46530, seeking the following: A). Special Exception Request: PARCEL "A"; A). Approval of a Special Exception as allowed under Section 21-03.02 (2)(C) of the City of South Bend- Zoning Ordinance to allow for the construction of a multi-story Condominium Hotel facility. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: Northwest corner of Vaness Street and Willis Avenue, South Bend Indiana 46637, AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #25 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK #11, PAGE #13 AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE CONTINUING WEST ALONG SAID SOUTH LINE A DISTANCE OF 504.00 FEET MORE OR LESS; THENCE NORTH A DISTANCE OF 119.84 FEET MORE OR LESS; THENCE WEST A DISTANCE OF 88.00 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 64.90 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 296.00 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 64.90 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 294.00 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY OF WILLIS AVENUE; THENCE SOUTH ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 119.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. Dated this 18TH day of OCTOBER, 2006. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South Bend Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, the first publication being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of the public hearing.) BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Board will hold a public hearing of Zoning Appeals of the City of South Bend, Indiana, on Thursday, the 16th day of NOVEMBER, 2006, at 3:00 p.m. in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Carmine & Maria Martino of 52263 Carriage Hills Drive, South Bend, Indiana 46635, Silvio Martino of 18349 Vaness Street, South Bend, Indiana 46637 and John Roy of 30580 Quail Pointe Drive, Granger, Indiana 46530, seeking the following: A). Special Exception Request: PARCEL "A"; A). Approval of a Special Exception as allowed under Section 21-03.02 (2)(C) of the City of South Bend Zoning Ordinance to allow for the construction of a multi-story Condominium Hotel facility. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: Northwest corner of Vaness Street and Willis Avenue, South Bend Indiana 46637. Said public hearing will be held as authorized by the applicable Zoning Ordinances and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any persons desiring to oppose or support said petition will be heard at that time. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 f~• Secretary to the Board (574) 235-9554 ~~ Uanch, f-/arner ~ ~I ssociates, Inc. MICHAEL .1. RANCH, L.A. RON I"IARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 Land Surveyors Professional Engineers Landscape Architects ^ Land Planners October 18, 2006 RE: Special Exception Petition for Carmine & Maria Martino of 52263 Carriage Hills Drive, South Bend, Indiana 46635, Silvio Martino of 18349 Vaness Street, South Bend, Indiana 46637 and John Roy of 30580 Quail Pointe Drive, Granger, Indiana 46530: Dear Council Members: Our clients are requesting the approval of a Special Exception for their properties located at the Northwest corner of Vaness Street and Willis Avenue, South Bend, Indiana. This Special Exception will allow for the construction of a multi-story Condominium Hotel facility. The properties are presently zoned "R" Residential in the County, pending Annexation and Rezoning to "MU" Mixed Use District classification within the City of South Bend. Our clients believe that the approval of the proposed Special Exception will fit with the existing mixed uses along this portion of Vaness Street. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch President Ranch, Harper & Associates, Inc. File # 050266.2 Md. "C" 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 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 November 17, 2006 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Use BZA 11/16/06 The petition of Carmine and Maria Martino, Silvio Martino and John Roy seeking a Special Exception to allow amulti-story condominium hotel facility in a "MU" Mixed Use district Dear Council Members: The above referenced petition of Carmine and Maria Martino, Silvio Martino and John Roy was legally advertised on November 2, 2006. The Board of Zoning Appeals gave it a public hearing on November 16, 2006, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoban and unanimously carried, the petition for Special Exception to allow amulti-story condominium in a "MU" Mixed Use district, on property located at the northwest corner of Vaness Street & Willis Ave., is sent to the Common Council with No 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, Donald F. Fozo, C.B. Building Commissioner DFF/cah CARMINE AND MARIA MARTINO (Northwest Corner Vaness and Willis) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: The project would meet all building code and zoning requirements 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: There wasn't enough information submitted to determine whether it would have an adverse affect on the area. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The area has residential to the North and commercial to the East and South. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: The use is a special exception allowed in Mixed Use zoning. CONDITIONS OR REVISIONS: Not enough information to make a decision. DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: No Recommendation ADOPTED this 16`i' Day of November, 2006. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURICE HOBAN ABSENT ELONDA WILDER-HAMILTON Filed In Clerk's Office DEC - 4 2006 JOHP~ VOORDE CITY CLERK, S0. BEND, !H. JGlii"! VGGRDE CITY CLE??K, SG. LEND, IN. k~l{N-~ & a~ Y ; Ni~F t ~:~~ k+~B~'~a ~5~~ ~~ ~~°4 ~~ ;, ~ZA SITE PLAN _ A~LIK7"T~ ~,~'~ `~ ~`T~'9 "H ~~~~ ~Y }f' i w j ~ ~`Y ` c~+;; ~~ ~ '~~ ~' ~ `~ ~ ` r ' ` r ~~~ APART OF THE SOUTHEAST QUARTER, SECAON 31, ~~^ r~ ~,` ,, Y r ~ .~,~ ~~r ~ ~ ,~,„.,, ,~,,`~a~l~,~! T0~'NSHIF 38 NORTH, RANGE 3 F1~ST, CiAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ., ~~~ ~ ~:~~ h~~ _~~J ~, I A~ ~ LEGAL DESCRIPTION T ~~~ ~k 4 t a ~ Z. ,~::jF ~„ii ~ ~f ) ~"tir .f ~ T ^i ~,,,~~~ FpRCEL I: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAD TOWNSHIP, Si. JOSEPH CGUNTY, „1 .N ,,'" ~ x b11 '_ + '' INGIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER DF LGT $28 IN THE F'AT OF VANESS PAT° AS RECGRJEC IN FLAT k ': ~,~r c'4T','~ k ~ Jy~ r¢ ) (l ~ r ~ 300K X11, PAGE ,~13 AS RECORDED IN THE RECGRDS CF ST. JOSEPH COUNTY, INDIANA; TFIENCE CUNi'NUiNG NEST kLONG ,41C SOUTH LINE A a4~{«~" ~g ~ "= t ~nr rte:. ~ 1 ~>r ~~~~ DiSipNCE OF 504.D0 FEET PhORE CR LESS; THENCE NORTH A DISTANCE OF 119.84 FEET F.fORE CR HESS; THENCE WEST p DSTANCE OF 88.C0 ~ e n~ ~ .~ ~ `' ~'~` Y ~~''sr ,.1 ~~ ,: FEET MCRF UR LESS TO THE E4ST RICH?-OF-WAY LINE OF BURDETTE STREET; THENCE NOR?H ALONG SAID EFSf RIGHT-GF-WAY LINE A ~, ,~ ~x L ~~,~ 5 ~ ;~ ~ ~;+4y~N^) ~ DISTANCE OF 64.90 FEET MORE OR LESS; THENCE FhST A DISTANCE OF 296.00 fEET MGRS OR LESS; THErvCt SO,ITH A FiSTDNL'E OF 54.90 6 „ E~~' ~," 'µ~q~~ , 'R~ «~ . ~T ~~: q,~"°~~q~ ~~ FEET MCRE GR LESS; THErvCE EAST A DISTANCE OF 294.OU FEET MGRS OR (.ESS TO THE WEST RIGHT-0F-RAY CF L;1S STREET; TH['NCE v , a `k' ~ ~t,~T ~ . ,,,, w, ~ SOUTH ALONG SAIC RICHT-CF-WAY LINE A DISTANCE OF 119.80 FEET MORE OR LESS TG Tr+E POINT OT BE~dININ~, n n J 2 .".1 r i CCN'TAiNNG 1.B.i ACRES f~dORE OR 1E55. . x ' r61 6 ,~}^~'D r w. T'' "~" ~, ~L°~i k ~. 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(ACILlTr, 1 PATHING SPACE PER CUJDUIINIUN SUITE PLUS 2 PARKING SPACES FOR ffFILE R1 RCGISTRAiIl11 OESKI MwBER ff SPPLES REWIRED (D6 60 SUITES ANO OFFICE ..,.~ .... ... .... .. G2 3FACCS MINBER ff SPACCS PROVIDER...~ ............................~~.... . ~..,. 71 SPACES /). PROPOSED LAND C7VERAGFi ep i_ GAFF (TTAfJ ° ~( 511E M DUIIDING .............. .......~... ~, .... ...... c^9, 500 37.0. B. PgRNING, DRIVES, PATIG AREA ~... .., ......~.. ~~... IK, 130 33 15 C. OPEN SPACE ....... ~ .................. .... ..... 23.782 T9, d1 mTAL 79, 715 100. W 5). :LOOK AREA ff BJILDING BY IlpEi $DUARC F®iAFE 13' 511: A, (IRST (LD7R HOTEL ...,....., ..~ .............~~..~.~ 29,500 33.33 & SECOND FLOOR ff FgTLL ..... ~.. ~. ~..,. ..~..., ~.., 29,500 33.33 L THIRD FL~R ff HOTEL .................... ..~ ...., .. P9.500 33 ?! 70TAL 98, 500 I W W 6). yf6FACE AIP~F AYD ORRINPQ TO EE HANDLED iHRlLY11 ifE USC ff A FRENLx-DPpIN SYSTCM IOCA(ED DV SI(E 7), PRffOSEO BIlIL07W IS 3 STmtICS 8), 9UILDING VILL BE SCRVILED BY MUNICIPAL 4ATER NND SANITARY SCVEA. 9). DRAINAGE CAPAtItt YILL IE DESIGNED TO NCET THE IATEST CITY ff 511UTN BEND STANDARDS IN. PEI. PARKING SPACES ARE m BE 9' % 20', EKCEPI HwIDICAP SPACES YXICN VILL IEEi M LATEST 0. D. A STANDARDS, BUILDING ENTRANCES VILL NAPE A RAIDED SIDEVAIK FRPI THE PARKING AREA ftR 71£ HANDICAP ALCCSSIEILITY, I7f. DRIYEVAY tl'Q,'TNG VILL BE REWIRED m NEET THE UTEST CITY ff SWM BEND STANDARDS Iz ] ALL REWI1lED ffRFB61NG SHALL Fusi1RN m THE 1+1raT Clir [i SWTN BEND ZfYNING OROINN[L 7TANDARD3. 131. ALL SIGNS $IL1LL CRfLAM m THE IATESi CITY S SWTH BEND dtl1ING ~DINA6AE STAt1AWD$. R~1Y UNE _~. . SPECIAL SECEE}ICN SEO®S!'• A). 9paoial Ergptinn Ryon L: PARCEL "A"J A). AEgroval aC a Epaoial Eruption as allornd IInGr Saetial 21-03.02 (211CI e! !zr Clk7 0[ South Mnd Lonlog Ortliuna to allmr for tha urutructlu of ^ Nltl-story 5183 iNA58Y MC~ra~q, tN~Aw~.~AYn r a M[wly0.wkpadLLC C¢MUinllm SCtwi dcility. &M w1807 yk . ¢..w. wss6 Na. Kryt00t li06fRpt la Ye7a0i9 u46]i1 is Nq~Y~i1W5]]W1 PLSIRSONER3: 1a,tnunaowPaduc ,.n,a.w. ai.nAx,).6~, (na6lNe i 16ARIA MARYINO EILV7¢ Ip,R1'IIA) t0BiU0 Hx.waw+6sw 5101~"y'~ boo w.a, w1~7 mtp6+r. aw,aaa.xr lwU 52263 :.AF1tiACE SILLS DRIVE 1BSEB VANESS SSREEi itr YgA04311051R ToAryr60IIW516101 iv Kp160]1146s5w SOIID9 REDID, INDIAIDI 16633 SWlE BEAD, I3E)IASA {6677 JAMIIaYO6 5an9aao-oaau,e, LL6 AdnRq JOSH AOS .I%Wi 56M w evy wlm7 YeyIDl1 tOpfikO 16046m&SUY91D ;nat+n wwla i K 101116 J4560O.,NPdm¢ia c ~.~ ~ 30580 QUA2L POINTE DRIVE 6StA]ICIX, IIIDIANA 16570 u g 85@II1 om Nm I . Nn Taxc :rsv.waseea SaatlonAmY S~wvAmry IWID 90AV6lOR: ~ ~ ~ ' 1~R SxN8a6, M,1801 r KryrO@IIW69wN 61661Yi8rea gob Dnq,w 16641 i Kqr Rl6N60BTI6 s6sN.NSUr 6oq 8a4IN,N01 TwWAIOH IIp6530N DANC9, SAPAER i ABBOCIASES, IAC, WC 5 t E~= 1619 LQS1tPLE DPJYE ~ ~l - { ~%1 SOIIDD SEND, S3DIAW 18621 t iuNNFROIMJDOi WX&a!M Bbrd6AnlMDpi HOK SSUx W Y,pWiYC fifi AMBUq AM ~ t tv M6r6b 1W6Rfi0 S16.xwulN.lma ie Ygr011fp1(46 saAn9w,w1e6v TvKryt0114g4Af6 t i :'+W EVIIP strxa.l`w Ywn{NWMKa-sa6 ll CNM,N MYie ~ ~ 1[ ~ j pd aae.e,wleen ]Ntrp YNtau,wlesu 6ulAm so.a sales Snw wawn ; ~ ! Fgrwl4o]o'.&m irxmrrm15m1areem roaNytm.l4mNeew yti>A ~ (BatV Ora ~ ~hmr Nlao ~ Eww6RYnvllbklLSn _ _ I }aa ' 1 1 !ufa. i1L 7016 rWrou WP1460 06 I wmaa,wlri6 i l wwNNYRm s«n Be6wuen ,~ ~ y 6 a wra0.61610}1 fv Y.lra6]ne65u1 ;U ~ „ -~ -' I C 0 4a ' eo 120 ~ 3 ~ ~~~ AsoN o. oecwAxo L.S 2oa4oao21 ' I u u~ a ~ .Whom l~i[66ID~ scALE r = 40' i I i S wvFwr]c a, FNrwFFRA:• 0.a¢ oANC"' WRNER ~ AssoclAhs, nvc_ REVISIONS SHEtr 7613 COAILIERCE ORNE 10-18-06 SOU1H BEND, IN. 46628 SCJ~ BRIE gy ~ ~ (5T4) 234-4003 , , ATM: JASON D. DECNARD 1 -~ ~ +