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HomeMy WebLinkAboutSpecial Exception - 430 Parkovash Ave.Attest: RESOLUTION 4481 -15 Passed by the Common Council of the City of South Bend, Indiana July 27, 15 20 Presented by me to the Mayor of the City of South Bend, Indiana July 28 20 15 City Clerk President of Common Council Approved and signed by me �V a 20- L . City Clerk RESOLUTION NO. 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 430 PARKOVASH AVE 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: 430 PARKOVASH AVE in order to permit A CHILD CARE CENTER IN A "SF2" 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. �siE ENT F_[) NOT APPROWA ADOPTED �)—. ,J —tY� Member on c 1 Filed in Clerk's Office EJUN 9 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN y TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -67 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 430 PARKOVASH AVE 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. Karen L. White Chairperson, Committee of the Whole Emily James Sandock, Toddler House LLC 1250 Belmont Avenue South Bend, IN 46615 mkatish@hotmail.com 574 - 339 -2071 RE: Home at 430 Parkovash, South Bend IN, St. Joseph Township. Petition seeking a Special Exception to allow a daycare center in a "SF2" District and a variance from the required 5 parking spaces to 2. Hello, My name is Emily James Sandock, and I(as my LLC, Toddler House) own a home at 430 Parkovash, where I provide Montessori -based home childcare for infants and toddlers. I'm writing to seek your support in my petition for a special exception to permit me to continue my home child care program in this location, but defined as a daycare center under the city's definition. When I began my childcare program in Oct. 2013, licensed by the state of Indiana as a home childcare, I did not know that there was a zoning ordinance that defines a home childcare as one that operates out of a home in which the teacher /childcare provider resides. This is not a requirement for licensure by the state of Indiana. The special exception that I am seeking from the city would allow me to continue to provide home childcare, but defined as a day care center. I will continue to be licensed by the state as a home child care program, and continue to provide care and a Montessori program and environment for no more than 12 infants and toddlers. I will not be changing my Parkovash home in any way, it's perfect as is (though I hope to expand our gardens!) I believe that my childcare, Little House Montessori in no way negatively impacts the health, safety, comfort, moral standards, convenience, or general welfare of our area. We serve 12 local families, many who live in this and nearby city neighborhoods. These families are all 2 income, hard working families (employers include the City of South Bend, Notre Dame, a local home builder, and several in the medical field) who enjoy that we operate out of a home that retains its "home" atmosphere, while the space is 100 percent dedicated to the babies. We will not harm the character of the district, as I work hard to maintain a beautiful front flower garden, have no sign for my childcare, and will not be adding or changing the layout of the home. I believe that we do not take away from the value of our neighbors properties in any way. I firmly believe we add value to the area as we take great pride in the property and provide a high quality, much needed service. We also support the community by exclusively serving foods purchased through the South Bend Farmers Market and the Purple Porch Co -op. As a single mom of 3 girls, I am proud to be able to support my family through my childcare and employ 3 other local women at a wage higher than I've ever earned in my 16 years working in Early Childhood education here in South Bend. Our use is compatible with the recommendations of the City of South Bend Comprehensive Plan. I very much appreciate your support of this petition so that I can continue to offer the highest quality of Montessori - inspired, loving care to young children in my beautiful home in this neighborhood. Thank you! Emily James Sandock mkatishPhotmail.com 574 - 339 -2071 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite too South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 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 Emily James Sandock/ Toddler House LLC ABZA 7/1/15 Dear Council Members: The above referenced petition of Emily James SandockrFoddler House LLC Was legally advertised on June 20, 2015. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2015, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 5 -1 vote, the petition for Special Exception to allow a child care center in a "SF2" District, on property located at 430 Parkovash Street, is sent to the Common Council with a Favorable Recommendation subject to written commitments of no more than twelve (12) children with none being older than five (5) years of age. 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. Since���� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF EMILY JAMES SANDOCKITODDLER HOUSE LLC SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE 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 PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: SUBJECT TO WRITTEN COMMITMENTS OF NO MORE THAN 12 CHILDREN AND NOT OLDER THAN FIVE YEARS OF AGE DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO O MICHAEL URBANSKI ❑x GERALD PHIPPS ABSENT RANDALL MATTHYS © BRENDAN CRUMLISH D KATHY SCHUTH Mx JACK YOUNG ❑x ROBERT HAWLEY