HomeMy WebLinkAboutSpecial Exception - 527 1/2 Riverside DriveRESOLUTION
3982-09
Passed by the Common Council of the City of South Bend, Indiana
July 27,
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 28, 2009
20 9
July 29
Approved and signed by me
-09
20
City Clerk
RESOLUTION NO. 3~ ~~ `~~
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 527'/Z RIVERSIDE DRIVE
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:
527 %2 Riverside Drive
in order to permit a special exception to allow an accessory dwelling 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; 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.
ember of the Common Council
PRESENTED ~ 'x'1-0
HpZ %gpPROVEfl
76DOPTED 1 - Z1 '~~
filed lnln Olerk's O~~ice
~,1 AY 1 4 2009
JOHN VOORDE
CITY CLERK, S_~ ~N'
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-52 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 527 '/
RIVERSIDE DRIVE
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
APPLICANT'S NAME Larry Schohl PHONE 574-287-9245
ADDRESS 527 Riverside Drive South Bend, IN 46601
ADDRESS OF PROPERTY 527 '~z Riverside Drive South Bend, IN 46601
PRESENT ZONING OF PROPERTY "SF2"
OWNER'S NAME Larry and Sandra Schohl PHONE. 574-287-9245
ADDRESS 527 Riverside Drive South Bend, IN 46601
COUNSEL OR CONSULTANT .SELF PHONE 574-287-9245
ADDRESS 527 Riverside Drive
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
Special exception to allow an accessory dwellinct in "SF2" district to be used
as a rental property again. The small house has been on the property for over
sixty years and was always used as a quest house or income property. I have
lived in the front house for over twenty-five years and rented the house the
back house at times. I have not rented the house for the past two years and had
the gas shut off. I have worked on the interior, had a new roof installed and
siding. I would like to make more improvements to the property if it can be
rented. I have always been cautious who I rent to because I only live fifty foot
awa .
I attest under the penalties for perjury, that the foregoing representations are
true.
gn~ture of Property Owners}
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND, INDIANA
STANARDS FOR SPECIAL EXCEPT IONS
ALL PAPERWORK IS TO BE FILED BY NOON OF THE FILING DEADLINE
When applying for a Special Exception the Standards below must be addressed and
incorporated in the written statement or petition.
STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-4-918.4 as listed below:
i. The proposed use will not be injurious to the public health, safety, comfort,
community moral standazds, convenience or general welfaze; the home is located
behind my house and has been used as a guest house and rental unit for over 25
years. There has never been problems for the neighbors.
ii. The purposed use will not injure or adversely affect the use of the adjacent azea
or property values therein; I have always been cautious who uses the house and
that is why it can go unrented for long periods of time.
iii. The purposed use will be consistent with the chazacter of the district in which
it is located and the land uses authorized therein; and the house would be used
once in a while as a rental unit or a guest house.
iv. The purposed use is compatible with the recommendations of the City of South
Bend Comprehensive Plan. The house helps provide a clean rental unit and keeps
surrounding property values up because the house is always maintained.
•cels County Parcels
Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT
1
018-1006-0209 SCHOHL LARRY C AND
SANDRA G
527-52 7 112 RIVERSIDE DR
SOUTH BEND IN 46601
2 018-1006-0208 LAWSON BILL J & BEVERLY J 533 E RIVERSIDE DRIVE SOUTH BEND IN 46601
3
018-1006-0210 SIMONS CHRISTOPHER LEE 8
JUNE C
55833 BREDEN RISE LN
MISHAWAKA IN 46545
4 018-1007-0262 M ANDERSON LLC 1224 E WAYNE N SOUTH BEND IN 46615
5
018-1004-0155 MILTON HEALTH CARE
PROPERTIES LLC'PRO
2201 W MAIN ST
EVANSTON IL 60202
6
018-1006-0230 SCHOHL CHARLES W. AND
DOROTHY E.
507 RIVERSIDE DR.
SOUTH BEND IN 46601
7 018-1006-0221 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
8
018-1006-023201 LASALVIA RICHARD J &
DEBORAH L
221 E MARION
SOUTH BEND IN 46601
9 018-1006-0229 MALONEY DANIEL C 511 RIVERSIDE DR SOUTH BEND IN 46601
10 018-1006-0219 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
11
018-1006-0231 SCHOHLCHARLES W. AND
DOROTHY
507 RIVERSIDE DR.
SOUTH BEND IN 46601
12 018-1006-0222 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
13 018-5022-0762 MADISON CENTER INC 403 E MADISON SOUTH BEND IN 46617
14
018-1006-0237
MACSWAIN RYAN
623 WOODSIDE WAY REDWOOD CITY CA
94062
15 018-1006-0225 STEINKRAUS MELISSA R 512 N ST JOSEPH ST SOUTH BEND IN 46601
16 018-1006-0224 SULLIVAN PATRICK 516 N ST JOSEPH ST SOUTH BEND IN 46601
17 018-1006-0220 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
18 018-1006-0218 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
19 018-1006-0217 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
20
018-1006-0228 MAGNUSON C WESLEY ii
LINDA KAY
1331 CHIMES BL
SOUTH BEND IN 46615
21
018-1006-0223 RODRIGUEZ RAMIRO i3<
ROUSSEAU LAURIE S
520 N ST JOSEPH ST
SOUTH BEND IN 46601
22
018-1006-0227 SCHOHL LARRY C i~ SANDRA
G
527 RIVERSIDE DR
SOUTH BEND IN 46601
23 018-1006-0212 RAJPARI N ROGER 52432 COURIER CT SOUTH BEND IN 46635
24
01 B-1006-0211 RODRIGUEZ RAMIRO &
ROUSSEAU LAURIE
520 N ST JOSEPH STREET
SOUTH BEND IN 46601
25 018-1006-0213 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
26 018-1006-0214 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
27 018-1006-0215 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
28 01.8-1006-0216 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
29 018-1007-0283 MORAN LAURA M 605 E RIVERSIDE DR SOUTH BEND IN 46601
30 018-1006-0207 HEGEDUS MARIA M 535 RIVERSIDE DR SOUTH BEND IN 46601
31 018-1006-0202 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
32 018-1006-0203 PRYOR ROBERT 1244 E MADISON SOUTH BEND IN 46617
33 018-1006-0199 THANOS SIGRID L 202 E NAVARRE ST SOUTH BEND IN 46601
34 018-1006-0200 MELLER RICHARD E 801 L W W MISHAWAKA IN 46544
35
018-1006-0201 SIOMOS EVANGELINE
FRANCES
335 PRESTON DR
SOUTH BEND IN 46615
36
018-1007-0284 ANDERSON JAMES P. AND
CAROL A.
63430 OAK RD
SOUTH BEND IN 46614
37 018-1007-0263 M ANDERSON LLC 1224 E WAYNE N SOUTH BEND IN 46615
38 018-1007-0264 CHRISTENSEN JUSTIN A 209 E NAVARRE ST SOUTH BEND IN 46601
39 018-1007-0265 SCHAUT MARILYNN J 213 E NAVARRE ST SOUTH BEND IN 46601
40
018-1007-0266 CASEY FRANCES J. PROBLEM
DEED #1247 OWN
219 E. NAVARRE ST.
SOUTH BEND IN 46601
41
018-1006-020601 SCHAUT MICHELLE & GADIA
GILBER7 AS JOINT
539 RIVERSIDE DR
SOUTH BEND IN 46601
42 018-1006-0206 WELCH CRAIG A & KAY A 230 E NAVARRE SOUTH BEND IN 46601
43 018-1006-0204 BROWN LUCI E 222 NAVARRE ST SOUTH BEND IN 46601
44 018-1006-0205 MAY JEREMY M 226 E NAVARRE ST SOUTH BEND IN 46601
45
018-1007-0282 BALLEW GREGORY D. AND
RENDA L.
609 RIVERSIDE DR
SOUTH BEND IN 46601
46 018-1007-0267 HELMEN FREDERICK A 221 E NAVARRE STREET SOUTH BEND IN 46601
47 018-1007-0268 WOOD BRUCE N AND SARA E 225 E NAVARRE SOUTH BEND IN 46601
48 018-1007-0285 ANDERSON KAREN R 601 RIVERSIDE DR SOUTH BEND IN 46601
49
018-1006-0236
MACSWAIN RYAN
623 WOODSIDE WAY REDWOOD CITY CA
94062
50 018-1006-0235 M ANDERSON LLC 1224 E WAYNE N SOUTH BEND IN 46615
51 018-1006-0234 OUDGHIRI OMAR & CYNTHIA 19227 KERN RD SOUTH BEND IN 46614
52 018-1006-0232 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601
53 018-1007-0281 LASKOWSKI DENNIS PO BOX 1776 SOUTH BEND IN 46634
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
July 2, 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
Larry Schohl
ABZA 7/1/09
Dear Council Members:
The above referenced petition of Larry Schohl was legally advertised on May 29, 2009. The Area Board
of Zoning Appeals gave it a public hearing on July 1, 2009, at which time the following action was taken:
Upon a motion by Mr. Hawley, being seconded by Mr. Hickey and unanimously carried,
the petition for Special Exception to allow an accessory dwelling in a "SF2" District, on property
located at 527 '/z Riverside Drive, is sent to the City of South Bend Common Council with a
Favorable Recommendation.
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.
Sincere ,
Charles C. Bulot
Building Commissioner
CCB/cah
SCHOHL
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
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 wil] 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:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Send Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 1st Day of July, 2009
YES NO
® MICHAEL URBANSKI
® RANDALL MATTHYS
® JACK YOUNG
® JACK HICKEY
® GERALD PHIPPS
® ROBERT HAWLEY
® JOE VELLEMAN