11-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING NOVEMBER 9, 2009 vacant commercial building and associated storage building zoned MU Mixed Use District. To the east is a vacant building zoned LB Local Business District. To the south is a parking lot zoned MU Mixed Use District. To the west is the Real Services kitchen zoned Li Light Industrial District. The total area is 4,039 square feet. The 3,540 square foot building covers 88% of the site. There is no on-site parking. In 1998, the Area Board of Zoning Appeals granted variances from the parking spaces, lot size and side and rear setbacks. Additional variances will be needed for front yard setback and landscaping. From 1996 to 2004, this property was zoned C Commercial. At that time, Furnace sales and service, with stock completed housed, and manufacturing and assembly, with not more than five operating employees were permitted uses. When the new zoning map was passed in 2004, this property was zoned LB Local Business District. The lot was subdivided in 1998. The site is serviced by municipal water and sanitary sewer. The property to the east is vacant. Real Services has recently expanded to include a kitchen building and larger parking area to the east and south. The most desirable use is to allow the continued use of the property. Since the use is existing, the surrounding property values should not be negatively affected. It is responsible development and growth to allow this small site, which has been operating as a legal non-conforming use, to be rezoned to the appropriate zoning. The Staff recommends that the petition be sent to the Council with a favorable recommendation. She stated that the Commission held a Public Hearing on Tuesday, October 20, 2009 and send this bill to the Common Council with a favorable recommendation. Ms. Nayder stated that this property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non- conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Frick Limited Liability Company, LLC and the contingent purchaser Morris Sheet Metal Corp. Mr. Feeney indicated that this property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non-conforming use situation. Mr. Feeney advised that Morris Sheet Metal Corp. intends to operate a mechanical contracting and engineering firm where it was previously owned and operated by Schuster Mechanical. He stated that this rezoning will allow the continued use of that mechanical contracting and engineering use. He stated that at one time all of the property had been owned by the same individual. However, there are two separate entities and distinct parcels containing two separate buildings that both share a common wall between them and protected by a legal agreement. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. 4