10-12-09 Common Council Meeting Agenda & Packet

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Attorney at Law The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Again, quite the contrary. The proposed parking lot is located directly to next to a long standing neighborhood bar. The property located directly to the east has been a commercial property, most recently an audio retail outlet. The audio retail outlet has been vacant for nearly three (3) years. The addition of a paved, lighted parking lot will improve the values of the adjoining properties between these two commercial buildings will in no doubt improve the value and safety of the adjoining properties. Because the area of the proposed parking site is located directly within amixed-used district with heavy commercial, personal and business traffic, additional parking space will be favorably received and consistent with the overall character of the district. The Taste of Mexico brings a unique and authentic feel to the area which in turn will no doubt inspire others to invest and potentially improve the overall economic development of the neighborhood. The area is currently filled with a mixture of corporate entities sitting next door to "mom and pop" businesses. The Taste of Mexico is consistent with the character of the district in which it is located. Taste of Mexico's use of the vacant land is consistent with the City of South Bend's Comprehensive Plan. You may remember the Taste of Mexico's former tenant, the Starlight Pizza. If you don't remember the Starlight, it may because the Starlight sat vacant for the three (3) years prior to my client purchasing the same exact property. The Starlight also had a bar and dance club. However, my client tells me that the bar and dance club had been vacant for the past ten (10) years and used as a "garbage" storage before he purchased the building. A review of local history may show that in +1iat light of what Starlight's use and parking requirements were, my client could be considered "grandfathered" My client's reconstruction of the dilapidated interior and exterior of the building is welcomed and within the City's overall Comprehensive plan to encourage local investment and land use growth; promotes transportation by allowing a pedestrian friendly egress; economic ethnic development; community building by attracting other responsible local Spanish investors; offers continued employment in the security, service and professional job markets; expands the City's cultural environment with its Spanish roots; and promotes future urban development by its consistent course of role model dedication. I ask that you vote factorable and allow my client a Special Use for Off Site Parking; Grant a Variance reducing the number of require parking spaces from 109 to 80 and reduce the minimum width of maneuvering aisle from 15' to 14'6". In the alternative, I ask that you allow for another inspection as the interior space of the dance floor has been undergoing a change. My client now has movable seating in the dance hall area that would require, according to City code, a reduction in the amount of parking spaces required. Further, I do not believe the large DJ booth azea had been considered when the original square footage was taken by the City. Again, this would now necessitate a reduction of the number of parking spaces required. My client plans to place permanent seating in this area, which once again will cause a reduction in the required number or parking places. 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011