Loading...
HomeMy WebLinkAboutSpecial Exception - 1823 S. St. Joseph St.RESOLUTION 3978-09 Passed by the Common Council of the City of South Bend, Indiana June 22, 20 09 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 23, 20 09 Approved and signed by me June 23 20 09 fr~~ City Clerk RESOLUTION NO. 3 i ~ ~ -~ 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 1823 S. St. Joseph St. 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 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: 1823 S. St. Joseph St. in order to permit A SPECIAL EXCEPTION TO ALLOW AN ADULT CARE FACILITY, ASSISTED LIVING, GROUP HOME 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 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; 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. Member of the Common Council ~, 1~10~ ~PPR0:1~ ~DOPTEt~ ~ - LL~d~ Filed In Clerl~'s ®~~i~e APR 2 7 2009 JOHN VSO R6END, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-44 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 1823 S. ST. JOSEPH 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 APLLICANT'S NAME: Charlotte Richmond PHONE: 574231-4985 ADDRESS: 1515 Strathmore Court South Bend, IN 46614 ADDRESS OF PROPERTY: 1823 South St. Joseph Street .South. Bend, IN 46613 PRESENT ZONING OF PROPERTY: "SF2" - . OWNER'S NAME: Albert~Eddie Jacobs PHONE: 501-98.5-986.1 ADDRESS: 1004 Stevenson Cove Jacksonville, AR 72076 COUNSEL OR CONSULTANT: None .PHONE: NlA ADDRESS: NIA NATURE OF APPEAL, VARIANCE, OR SPECIAL-EXCEPTION: My name is Charlotte Richmond and 1 am seeking a special exception for zoning of 1823 South St.~Joseph Street, South Bend, Indiana 46613. ~I am a registered. nurse and I would like to open an Adult Group Home. This Adult Group Home will house four adults with physical disabilities and senior citizens needing support care. There will also be Support Staff in the home. This Adult Group Home will not be injurious to the public health .nor the safety of the neighborhood and will maintain the comfort and moral standard of the community. This Adult Group Home will inevitably improve the general welfare of this neighborhood by supporting the Disabled and. Aging Adults of cur community. This Adult Group Home will not affect the existing property. It will maintain, if not, improve the value of the property because I will have to abide by strict guidelines set by the State. This means that not only the interior but the exterior as well will have to meet all safety regulations. This Adult Group Home will not affect the adjacent properties in this area. By giving these disabled and aging adults a homelike environment to live together-like a family; we are taking on the responsibility to care for the senior citizens in our community. I attest. under the penalties .for perjury, that the foregoing` representations are true. Signature of Property i/ ~~' :---~ p--~ ~_ ,~ ~; ~.~ a l~ll I ~O,~I ~~T. 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 May 26, 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 5/21 /09 Dear Council Members: The above referenced petition of Charlotte Richmond was legally advertised on May 1, 2009. The Board of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception to allow an adult care facility assisted living group home, on property located at 1823 S. St. Joseph St., is sent to the South Bend Common Council with a Favorable 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. Sincerel Charles C. Bulot Building Commissioner CCB/cah