HomeMy WebLinkAboutSpecial Exception - 744 South Main StreetRESOLUTION
3947-09
Passed by the Common Council of the City of South Bend, Indiana
February 9, 20 09
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 10,
20 09.
Approved and signed by me Feb rua ry 10 . 20_Q.9_
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City Clerk
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RESOLUTION NO. ~ l
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
744 SOUTH MAIN 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 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 detet7nination 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 L 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:
744 SOUTH MAIN STREET,- SOUTH BEND,.,:INDIANA
in order to pei7nit
A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE (contingent on rezoning
from LI to MU)
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 Clerlc.
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, COI11f01't, C0111111tllllty
nlora] 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 reasollable 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.
Member of the Common Council
PRESfNTED 2,~_~ `
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-13 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 744
SOUTH MAIN 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.
Ann Puzzello
Chairperson, Committee of the Whole
BOARD OF ZONING APPEALS
OF THE
CITY OF SOUTH BEND
PETITION
APPLICANTS' NAMES: Michael Baxter Margaret Pfeil and Charles Wilber, on behalf
of Our Lady of the Road
ADDRESS: P.O. Box 4375 /South Bend, IN 46634 PHONE: (574) 514-8859
ADDRESS OF PROPERTY: 7~4 South Main St. /South Bend, IN 46601
PRESENT ZONING OF PROPERTY: LI
OWNER'S NAME: 744 South Main LLC (e/o P.H. Mullen)
PHONE: (408) 836-9325
ADDRESS: 853 Terra Bella Ave. /San Jose, CA 95125
COUNSEL OR CONSULTANT: N/A PHONE: N/A
ADDRESS: N/A
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
Seeking a special exception to allow a grout/ residence for weather-related emer~ency.
Please see attached sheets for justification continent on re-zoning from L_I_ to MU.
I attest under the penalties for perjury that the foregoing representations are true.
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Signature of Property Owner(s)
1
Justification for Seeking a
Special Exception as a Group Residence
for the property located at
744 South Main St.
South Bend, IN 46601
Submitted by
Michael Baxter, Margaret Pfeil, and Charles Wilber
On behalf of Our Lady of the Road, Inc.
P.O Box 4375
South Bend, IN 46634
(574) 514-8859
This petition pertains to a property zoned LI (Light Industrial) and is made in
concert with a petition for re-zoning to MU (Mixed Use}. It seeks a special exception so
that the re-zoned property may be used as a "group residence" for emergency in relation
to the program known as "Weather Amnesty" whereby people with nowhere to stay are
housed overnight by social agencies and ministries.
The property is located at 744 South Main Street in South Bend, Indiana. The
building area is 12,320 square feet situated on .97 acres, with frontage on South Main
Street, just to the south of the downtown area in South Bend. The building consists of (1)
a large front area with a kitchen, chairs, tables, and couches; (2) behind this, another large
area for men's and women's restroom, three showers, three washers and driers, and
clothes racks; (3) behind this, another large area for supplies, storage, and a small office;
(4) behind this, a smaller area for use as storage; (5) adjacent to this, a warehouse area for
more storage of larger items; and (6) an upstairs area which is vacant. A large parking lot
(18,900 square feet) is located to the north of the building, and a side yard is located to
the south of the building.
As regards the proposed special exception for "group residence," Our Lady of the
Road has been asked by social agencies and ministries to assist in providing housing to
homeless people over night. People will be welcomed in the evening and depart early the
next morning. They will be received in the front area of Our Lady of the Road (# 1,
above), use the bathrooms and showers (# 2), and sleep on twin beds in the area adjacent
to the office and supply room (# 3). At least two staff members and/or volunteers of Our
Lady of the Road will stay over on these nights as well. This service will be provided in
conjunction with the Center for the Homeless, Hope Ministries, the YWCA, Life
Treatment Center, and other agencies operating as part of the Continuum for Care. The
number of people housed for weather amnesty would be about ten, the same number of
people not being taken in by Hope Ministries due to changes in their facilities. This will
therefore not increase the overall number of people receiving overnight weather-amnesty
but allow it to remain the same. Our Lady of the Road will begin functioning as the final
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option for overnight housing, although this order could change in response to changes
regarding other social agencies and the overall situation of homelessness in South Bend.
Regarding the four standards for special exceptions, these are listed separately and
they are followed by a statement as to how this petition meets each of these standards.
The first standard is that "the proposed use will not be injurious to the public
health, safety, comfort, community moral standards, convenience or general
welfare." This proposed use will not be injurious to the public for the following reasons.
First, as regards public health, the proposed use will result in homeless people being able
to sleep indoors rather than on the streets, in abandoned buildings, or with others in
possibly overcrowded conditions. Second, also regarding health, this use will give the
homeless people the time, energy, and sleep needed to address personal health issues.
Third, as regards comfort, this proposed use is not injurious, in that it will not involve any
more people sleeping in this space than would be permitted under pertinent regulations.
Fourth, as regards community moral standards, this proposed use is not injurious in that
the moral standards of the people staying overnight at Our Lady of the Road do not differ
substantially from those living in other homes in this or any other neighborhood. Fifth,
as regards convenience, this proposed use is not injurious to the comfort of the public; to
the contrary, if the reality of homeless people living on the streets is taken to be a matter
of public inconvenience, then this proposed use will enhance, albeit in only a small way,
the convenience of the public. As regards the general welfare of the public, this proposed
use will enhance it, especially if we consider (as the Russian writer Fyodor Dostoevsky
beckoned us to consider) that a society is to be judged on how well it cares for its weakest
members. In these ways, this proposed use is not injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare. So the first
standard for granting a special exception is met.
The second standard is that "the proposed use will not injure or adversely
affect the use of the adjacent area or property values therein." This proposed use
will not injure or adversely affect the use of the adjacent area or the property values
therein, for several reasons. First, the property to the north of this property is a parcel
that was used by Indiana Michigan Power for transformers but is now unused and will be
unused for the foreseeable future. Second, the property to the west, across Main Street, is
currently being used by Indiana Michigan Power for transformers and no other purpose.
Third, the property to the south, Rink Publishing, is separated from this property by asix-
foot-high chain-link fence, an alley, another six-foot-high chain-link fence, and a large
parking lot, thus making access to that property difficult. Fourth, most of the property to
the east is owned by the Center of the Homeless; it includes a garden, a parking lot, and
the south side of a building which is used by the CFH for similar purposes. Fifth, the
property to the northeast, a typesetting company, does not do business in the evening and
is located a hundred feet away from this property. Sixth, the presence of staff people on
weather amnesty nights will increase the opportunity to observe, oversee, and regulate the
night activity in this area. Seventh, Our Lady of the Road will install lighting to improve
nighttime visibility in its parking lot, an improvement that will be a benefit throughout
the year. Eighth, the availability of more overnight shelter will draw people indoors to
3
sleep and thus diminish the likelihood of loitering and other unsavory night activity in the
area. Ninth, periodically providing weather amnesty will not lower property values in the
area because similar programs are already operating and, as noted above, Our Lady of the
Road will only be replacing a similar program that has existed for several, years. For
these reasons, the second standard for granting a special exception is met.
The third standard is that "the proposed use will be consistent with the
character of the district in which it is located and the land uses authorized therein."
The district in which this property is located and the land uses authorized therein are
entirely consistent with the proposed use. Several properties in the immediate area are
zoned for mixed use and, as mentioned above, are used for similar purposes and thus
enjoy a use in keeping with the special exception proposed here. Specifically, to the east
of the property, the Center for the Homeless uses a lot for parking the vehicles it uses in
its landscaping and snow-removal business, which employs homeless people. Also, to
the east of the property, the Center for the Homeless uses a lot for gardening which also
will involve homeless people. Also, to the southeast of the property, the Center for the
Homeless hosts a Madison Center outlet, which receives many homeless people. Each of
these efforts addresses the needs of a population similar to the one to be served by Our
Lady of the Road taking in homeless people on weather-amnesty nights. Also, the work
of taking in homeless people on weather amnesty nights will involve no major exterior
renovations to the building or the grounds of the property, other than improvements such
as installing outdoor lighting, repaving the parking lot, and repairing existing fences.
The fourth standard for granting a special exception is that "the proposed use is
compatible with the recommendations of the City of South Bend Comprehensive
Plan." This proposed use is compatible with the City plan in several respects.
First, as regards the trends that prompted the City of South Bend to begin work in
2002 in the City Plan, one such trend is a decline in the City population. The proposed
use will make it possible for a few homeless people, the majority of whom are long-term
residents in South Bend, to remain in South Bend, until they find employment or are able
attain needed services.
Second, as regards the trends that prompted the City of South Bend to begin work
in 2002 in the City Plan, another such trend is that the population of South Bend is much
more diverse than it was when the last city plan was formulated in 1961. The proposed
use is in keeping with this increase in diversity, in that Our Lady of the Road welcomes
people of any race, color, ethnic group, gender, sexual orientation, ability or disability,
and religious creed, including those who profess none at all.
Third, as regards the City Plan's guiding principle of "flexibility," the proposed
use of this property falls within the parameters indicated by this principle. This area is
characterized by a mixture of "light industrial" zoning, typically for light manufacturing,
warehouse, and service-related activity, and "mixed use" zoning, typically retail, office,
and dwelling units. Granting this petition for mixed use would meet the principle of
flexibility, while not in any way conflicting with the overall nature of the area.
4
Fourth, as regards one of the elements of the City Plan, namely, the "Vision of
South Bend in 2025" that was adopted by the Common Council on May 10, 2004 as part
of the basis for the City Plan, the proposed use is compatible with this vision, in many
respects. The vision calls for "diverse housing choices," and highlights "achievements of
ethnic and racial harmony, volunteerism, philanthropy, and just and equal access to
economic and social opportunities." The proposed use enables an important part of the
population of South Bend, namely, homeless people, to pursue housing choices. There is
story after story of guests at Our Lady of the Road who use its services and then have
been able to move into their own homes. Moreover, people of diverse racial and ethnic
groups staying together under the same roof, albeit on an intermittent basis, can promote
harmony. In addition, the proposed use will promote volunteerism, inasmuch as Our
Lady of the Road will use volunteers to assist in weather amnesty hospitality. Also, Our
Lady of the Road receives no formal funding from the Church, nor from federal, state, or
local governments. It relies on personal donations. In this way philanthropy is promoted.
Finally, the proposed use will foster the just and equal access to economic and social
opportunities, inasmuch as it enhances such access for a segment of the population who
are often deprived of such access owing to purposeful stereotyping and popular prejudice,
namely, the segment of the population of our City who are homeless.
In sum, the proposed special exception for the property at 744 South Main Street
in the City of South Bend for use as a group residence meets all four standards set forth
as principles for determining the worthiness of a petition for a special exception.
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St. Joseph Parcels Countv Parcels
Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT
018-3041- CENTER FOR THE
1 1574 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- INDIANA AND MICHIGAN
2 1563 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216
018-3041- INDIANA MICHIGAN POWER
3 155902 COMPANY P O BOX 16428 COLUMBUS OH 43216-6428
018-3041-
4 1583 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601
018-3041-
5 1586 M R S REALTY INC 814 S MAIN ST SOUTH BEND IN 46601
018-3041- LEINEN ARTHUR R JR &
6 1588 BRENDA SUE 22405 US 12 EDWARDSBURG MI 49112
018-3022-
7 0818 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601
018-3041-
8 1578 L C TYPESETTING CO INC 747 S MICHIGAN ST SOUTH BEND IN 46601
018-3018- 61546 MIAMI MEADOWS
9 0674 G M 3 B LLC CT SOUTH BEND IN 46614
018-3041- 61546 MIAMI MEADOWS
10 157101 G M 3 B LLC CT SOUTH BEND IN 46614
018-3042- UNIVERSITY OF NOIRE
11 1634 DAME DU LAC % RICK K 836 GRACE HALL NOIRE DAME IN 46556
12 1615 RL61 LLC 3510 PARK PLACE MISHAWAKA IN 46545
018-3041- THE CENTER FOR THE
13 1579 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601
018-3022-
14 0816 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601
018-3022-
15 0819 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- PEAK MONICA M & 1ST
16 1572 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617
018-3041-
17 156801 744 SOUTH MAIN LLC 744 S MAIN ST SOUTH BEND IN 46628
018-3042-
18 1621 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601
018-3022-
19 0820 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601
018-3042- CITY OF SOUTH BEND DEPT 1400 COUNTY CITY
20 163001 OF REDEV BUILDING SOUTH BEND IN 46601
018-3042-
21 1630 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601
018-3042-
22 1631 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601
CENTER FOR THE
018-3041- HOMELESS INC ATTN
23 1577 SHANNON 813 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- CENTER FOR THE
24 1591 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601
018-3022- SMITH EDWARD L & LAURA
25 0817 1/21NT LEVY EDWAR 316 S EDDY ST SOUTH BEND IN 46617
018-3041- INDIANA MICHIGAN POWER
26 155901 COMPANY PO BOX 16428 COLUMBUS OH 43216-6428
018-3041- CENTER FOR THE
27 1576 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601
018-3022-
28 0815 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- INDIANA AND MICHIGAN
29 1565 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216
016-3022-
30 0814 BENDIX LOCAL #9 740 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- CENTER FOR THE
31 1575 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- INDIANA AND MICHIGAN
32 1561 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216
018-3041- PEAK MONICA M 8 1ST
33 1573 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617
018-3041- I NDIANA AND MICHIGAN
34 1564 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216
018-3022-
35 0813 J & J ENTERPRISES 732 S MICHIGAN ST SOUTH BEND IN 46601
018-3022-
36 0812 J & J ENTERPRISES 730 S MICHIGAN ST SOUTH BEND IN 46601
018-3041- 61546 MIAMI MEADOWS
37 1560 G M 3 B LLC CT SOUTH BEND IN 46614
018-3018- HERITAGE RESTORATION
38 0673 AND DEV GROUP LLC 2197 SOUTH 2200 EAST SALT LAKE CITY UT 84109
018-3018- 715 SOUTH MICHIGAN
39 0686 PARTNERSHIP 715 MICHIGAN SOUTH BEND IN 46601
018-3041- 61546 MIAMI MEADOWS
40 1571 G M 3 B LLC CT SOUTH BEND IN 46614
018-3041- 61546 MIAMI MEADOWS
41 1570 G M 3 B LLC CT SOUTH BEND IN 46614
018-3018-
42 0685 701 SOUTH GATEWAY LLC 701 S MICHIGAN STREET SOUTH BEND IN 46601
018-3041- DESIGN PACKAGING INC SOUTH BEND IN 46624-
43 1558 '07/08 PROB PLAT' PO BOX 564 0564
018-3041- PETER NEMETH
44 1559 PROPERTIES LLC 613 DUBLIN DR MISHAWAKA IN 46545
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
January 16, 2009
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 1/15/09
Dear Council Members:
The above referenced petition of Michael Baxter, Margaret Pfeil & Charles Wilber, on behalf of Our Lady
of the Road was legally advertised on January 1, 2009. The Board of Zoning Appeals gave it a public
hearing on January 15, 2009, at which time the following action was taken:
Upon a motion by Mr. Hoffman, being seconded by Ms. Wilder-Hamilton and unanimously
carried, the petition for Special Exception for a group residence for weather related emergency, on
property located at 744 S. Main Street, is sent to the Common Council with a Favorable
Recommendation subject to the rezoning and to allow a group residence for weather related
emergencies as set by the St. Joseph County Continuum Care.
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
Building Commissioner
CCB/cah
BAXTER, PFEIL & WILBER ON BEHALF
OF OUR LADY OF THE ROAD
(group residence in "MU")
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
I . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE 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 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 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 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 THE REZONING AND TO ALLOW A GROUP RESIDENCE
FOR WEATHER RELATED EMERGENCY AS SET FORTH BY THE ST. JOSEPH COUNTY CONTINUUM CARE
DECISION
IT IS THEREFORE the decision of the Board that this request far Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 15th Day of January, 2009.
YES NO
RICHARD KILBASE
® CHRISTOPH HOFFMAN
® MAURICE HOBAN
® ELONDA WILDER-HAMILTON