HomeMy WebLinkAboutSpecial Exception - 4050 Ralph Jones DriveRESOLUTION
4004-09
Passed by the Common Council of the City of South Bend, Indiana
November 23, 20 09
Attes
City Clerk
ident of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 24, 20 09
Approved and signed by me November 24, 20 0~.
City Clerk
RESOLUTION NO. ~~~~
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
(4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA)
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 Area Board of Zoning Appeals for approval or
disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Area 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 Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state la~v.
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 Area 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:
(4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA)
in order to permit:
The approval of a Special Exception as allowed under Section 21-04.01 (2)(E) of the City of South Bend Zoning
Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed
outside storage area of 10,812 square feet (i.e. 20% of the existing building area of 54,059 square feet) for
property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of
South Bend Zoning Ordinance,
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby
approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk.
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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 Area
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.
Mem er of the Common Council
YI~.L~L.I~~~EL~ Ll~[/~~ 1
NOT AP?ROVED. G
ADOPTED ~~ -"~~~~ `
Filed In Clerk's ®fi~ice
SEP 1 5 2009
JOHN VOQRDE
CITY CLERK, SQ. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-71 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 4050 RALPH JONES
DRIVE, SOUTH BEND, INDIANA
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
AREA BOARD OF ZONING APPEALS
NO.
NOTIFIED
FILED , 20
20 HEARING , 20
APPEAL
Applicant's Name: FULTON LAND & BUILDING COMPANY
Phone 968-3222
Address: 340 COLUMBIA STREET, SOUTH BEND, INDIANA 46614
Address of Property: 4050 RALPH JONES DRIVE,
SOUTH BEND, INDIANA 46628
Present Zoning of Property: "LI" LIGHT INDUSTRIAL DISTRICT
Owner's Name: FULTON LAND & BUILDING COMPANY
Phone 968-3222
Address: 340 COLUMBIA STREET, SOUTH BEND, INDIANA 46614
Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE AREA BOARD OF ZONING APPEALS FOR
ST. JOSEPH COUNTX, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 46628
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST:
A). Special Exception Request: PARCEL "A": A). Approval of a Special
Exception as allowed under Section 21-04.01 (2)(E) of the City of South
Bend Zoning Ordinance to allow for an outside storage area of 186,600
square feet which exceeds the maximum allowed outside storage area of
10,812 square feet (i.e. 20$ of the existing building area of 54,059
square feet) for property located at 4050 Ralph Jones Drive, South Bend,
Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning
Ordinance, and the following Variance Requests:
VARIANCE REQUESTS•
1). A Variance from the requirement of providing paved outside storage
areas and drives adjacent to said outside storage to using gravel for
said areas.
2
2). A Variance from the requirement of providing Type "B" landscape
screening of outside storage areas and providing perimeter landscape
deciduous trees at a minimum spacing of 40 feet on-center along the
East, North, West and South property lines to providing no additional
perimeter landscape deciduous trees and to using the existing vegetation
as screening and landscaping along the South property line.
3). From the required screening of outside storage areas with a
ornamental, solid wall, architectural screen, masonry or similar fence
with an open space of less than 30$ including entry/exit gates made of
materials compatible with the fence, supplemented by a Type "B" Partial
screening along the North, East, South and West property lines to the
following: Along the North line of the proposed outside storage area, an
eight (8) foot high vinyl-coated chain link fence and a minimum of eight
(8) evergreen trees having a minimum height of six (6) feet on a six (6)
foot high landscape berm spaced as shown; including additional deciduous
shrubs and small trees grouped also as shown on said berm. Along the
East and South property lines - an eight (8) foot high chain link fence
and existing landscaping, and along the West line an eight (8) foot high
vinyl-coated chain link fence used with existing landscaping and six
(6), six-foot evergreen trees as shown.
4). A Variance from the requirement that all outside storage shall not
exceed the height of the screening fence to being allowed to have
storage exceed the height of the proposed described eight (8) foot high
chain link fence by a maximum of 6 feet (i.e. height of stored equipment
and materials being a maximum of 14 feet).
Property is presently zoned "LI" Light Industrial District.
The Petitioners are the owners of the real estate parcel shown on the
attached site plan and as shown in the records of the St. Joseph County,
Indiana Auditor's office. The Petition property presently has a Zoning
classification of "LI" Light Industrial District. The Petitioners have
been the owners of the property for the last several years. The
Petitioners have been approached by the City of South Bend working with
a contingent purchaser, who desires to acquire the petition site. The
contingent purchaser is the Ziolkowski Construction Company. The City is
working with Ziolkowski Construction to relocate them from their present
facility on Lafayette Blvd. and on Franklin Street to the petition site.
This relocation is part of the City's development of "Ignition Park"
which is the City's proposed nanotechnology campus. The petition site is
a good fit for Ziolkowski Construction as it provides a site large
enough for their corporate offices and storage requirements for their
equipment and materials.
The contingent purchaser met with the City's Building Department Staff
to discuss the relocation to the petition site. Based on review of the
present City Zoning Ordinances, the Petitioners would be required to
3
have approved a Special Exception for outside storage and for variances
from developmental standards of the "LI" Light Industrial District to
allow flexibility in screening of said storage areas and the use of
gravel instead of pavement.
More specifically, the Petitioners are requesting approval of a
Special Exception as allowed under Section 21-04.01 (2)(E) of the City
of South Bend Zoning Ordinance to allow for an outside storage area of
186,600 square feet which exceeds the maximum allowed outside storage
area of 10,812 square feet (i.e. 20~ of the existing building area of
54,059 square feet) for the petition site. Ziolkowski Construction as
part of their construction business has a need for outside storage of
their construction equipment and construction trailers as well as
construction materials. The "LI" industrial District limits this outside
storage to 20~ of the existing building square footage. This amount of
area would not allow for enough room for their equipment and materials.
The amount of outside storage for Ziolkowski varies, depending on the
number of projects and which equipment is needed on the construction
site. They believe approval of this Special Exception along with their
proposed screening of the outside storage would not be detrimental to
any surrounding property.
The Petitioners and contingent purchasers would ask the Board Members
to agree that approval of the Special Exception to allow for additional
outside storage as shown on the attached site plan, would not be
injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare, or injure or adversely affect
the use of the adjacent area or property values therein, and that the
proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein, and that 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).
With regards to the Variance requests for Parcel "A", the first
Variance the Petitioners are requesting, is to be allowed to use a
gravel surface for the shown outside storage areas and adjacent drives
instead of pavement. The Petitioners and contingent purchaser would
state that using gravel allows for flexibility in placement of materials
and access to the materials. The truck vehicles that deliver the
materials and their associated weight would require that the outside
storage areas and drives be paved with an extra heavy-duty pavement
which requires an increase in pavement thickness as well as an increase
in base material. This is an extremely high cost for an industry that is
very sensitive to items that increase the cost of the final product and
services provided to their clients. The contingent purchaser has been
using gravel for a large portion of the existing outside storage areas
at their present facilities, and has found that they can maintain the
areas easily and that it allows for better site drainage and it keeps
their maintenance costs down. This keeps any excessive costs from being
4
passed onto the client. The Petitioners would state that in the areas of
the main drives parking bays; they have paved those portions, which are
visible from the public street frontage. The Petitioners would hope that
the Board Members would agree that approval of the use of gravel for
this particular industrial use in the areas shown, would not be
detrimental to any surrounding property or have an adverse affect on
said properties.
The second Variance request is from the requirement of providing
Type "B" landscape screening of outside storage areas and providing
perimeter landscape deciduous trees at a minimum spacing of 40 feet on-
center along the East, North, West and South property lines to providing
no additional perimeter landscape deciduous trees and to using the
existing vegetation as screening and landscaping along the South
property line. The Petitioners and contingent purchaser would state that
along the main frontages of William Richardson Court and Ralph Jones
Drive, they plan to keep the existing dense over-story deciduous trees
and the existing landscaping in the East and South setback yards. They
also plan to place a six-foot high landscape berm with evergreen trees
and small shrubs along the north line of the outside storage area and
construct an eight-foot high vinyl-coated chain link fence on the North
and West perimeter of the storage area. A galvanized eight-foot high
chain link fence would enclose the remaining East and South perimeter of
the outside storage area. The Petitioners and contingent purchaser
believe keeping a large portion of the existing landscaping with the
addition of the above described improvements, meets the intent of the
perimeter landscaping requirements of the ordinance and approval of this
Variance would not adversely affect any adjacent owner.
The third Variance request is from the required screening of outside
storage areas with a ornamental, solid wall, architectural screen,
masonry or similar fence with an open space of less than 30~ including
entry/exit gates made of materials compatible with the fence,
supplemented by a Type "B" Partial screening along the North, East,
South and West property lines to the following: Along the North line of
the proposed outside storage area, an eight (8) foot high vinyl-coated
chain link fence and a minimum of eight (8) evergreen trees having a
minimum height of six (6) feet on a six (6) foot high landscape berm
spaced as shown; including additional deciduous shrubs and small trees
grouped also as shown on said berm. Along the East and South property
lines - an eight (8) foot high chain link fence and existing
landscaping, and along the West line an eight (8) foot high vinyl-coated
chain link fence used with existing landscaping and six (6), six-foot
evergreen trees as shown.
The contingent purchasers propose to place a six foot high landscape
berm along the north line of the outside storage area with evergreen
trees placed on the berm and supplemented with small deciduous shrubs.
There will also be an eight (8) foot high vinyl-coated chain link fence,
which will provide required security for stored equipment and materials.
The proposed landscaping and six (6) foot high berm should provide a
visual barrier between the proposed outside storage area and the
5
frontage street of William Richardson Court. Along the East and South
property lines, the proposed fencing should provide adequate security
and the existing on-site vegetation and trees with the existing
vegetation and trees on the adjacent properties, should create a
suitable visible barrier that can be maintained. Along the East property
line, the existing warehouse building has no windows facing towards the
proposed storage area, so no negative impact will be created along this
line. On the South line the adjacent property is also wooded and the
existing facility has their delivery area and outside storage facing
towards the petition site. Again, there should be no negative impact
created by approval of the requested Variance. Along the West line, in
addition to the security fence, the existing trees and vegetation should
help mitigate the view into the storage area from Ralph Jones Drive. The
Petitioner and contingent purchaser also propose planting additional
evergreen trees to provide another visual barrier from the street
looking towards the portion of the building being used for deliveries
and trash dumpsters.
The last Variance request is from the requirement that all outside
storage shall not exceed the height of the screening fence to being
allowed to have storage exceed the height of the proposed eight (8) foot
high vinyl-coated chain link fence by a maximum of 6 feet (i.e. height
of stored equipment and materials being a maximum of 1~! feet). The
Petitioners and contingent purchaser would state that most of the
equipment that would exceed the height of the proposed fencing would be
kept along the South side of the storage area. The front portion of the
storage area would be used for materials, which would exceed the
proposed fence height infrequently. The proposed landscape berm with
evergreen trees should help with mitigation of the view into the storage
area from William Richardson Court in addition to the 170-foot distance
the storage area is from the street pavement. The equipment and
materials would also be difficult to be seen from Ralph Jones Drive, as
the distance from the street is approximately 350 feet. As mentioned
above, the view into the storage area from the East from the existing
building is minimal as no windows are along the West side of the
Warehouse building, and from the South the only view to the storage area
is through the existing trees from the adjacent property owners storage
and delivery area. The Petitioners and contingent purchasers believe
approval of this Variance would not have a negative impact on the
adjacent industrial sites.
The Petitioners believe that approval of the above Special Exception
and Variances for this proposed and existing use will not be detrimental
to adjacent properties, nor will it adversely affect the surrounding
property values.
The Petitioners would ask the Board Members to agree that approval of
the above described Special Exception and Variances will not have a
detrimental affect for this area, nor would the property values,
public'S health, safety, morals, or general welfare be adversely
affected.
6
The Petitioners contend that the strict application of the terms of
the Zoning ordinance will constitute an unusual and unnecessary hardship
as applied to the property for which the Variances and Special Exception
are sought: that the need for the Variances and Special Exception arises
from such condition peculiar to the property in the same Zone: and that
the use or value of the area adjacent to the property described in the
Petition for the Variances and Special Exception will not be injurious
to the public health, Safety, morals, or general welfare of the
community.
I attest, under the penalties for perjury,
representations are true.
Michael J. Danch
President
Danch, Harner & Associates, Inc.
that the foregoing
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Property Owners
Within 300 Feet
=ulton Land and Building Co
340 Columbia St
youth Bend, IN. 46601
fax Key # 025 1013 021107
Fulton Land & Building Company
340 S Columbia Place
South Bend, IN. 46601
Tax Key # 025 1013 021201
Jade Elephant Holdings LLC
25800 Trestle Creek Ave
Mattawan, M1.49071
Tax Key # 025 1013 021111
-rustees of the Plumbers & Pipe
sitters Local No. 172
'172 Ralph Jones Ct
>outh Bend, IN. 46628
"ax Kav # (l~.ri 1 n1:~ n~111
B Realty Investments LLC
085 Ralph Jones Dr
youth Bend, IN. 46628
~ax Key # 025 1013 0223
an Habas
322 N Lafayette Blvd
outh Bend, IN. 46617
ax Key # 025 1013 022201
rinet Essential Facilities X Inc
.O. Box 4900
cottsdale, AZ. 85261
ax Key # 025 1013 021609
Michiana Midget Motors Inc
3735 William Richardson Dr
South Bend, IN. 46628
Tax Key # 025 1013 021112
Direct Channel Inc
3431 William Richardson Dr
South Bend, IN. 46628
Tax Key # 025 1013 021221
Mmc Leasing LLC
3953 Ralph Jones Dr
South Bend, IN. 46628
Tax Key # 025 1013 0221
AE Pistons Inc C/O Avti
251 W Garfield Rd Ste.287
Aurora, OH.44202
Tax Key # 025 1013 0218
Omga Inc.
3705 William Richardson Drive
South Bend, IN. 46628
Tax Key # 025 1013 021120
Lawco Ltd
3985 E Harrison
Decatur, IL. 62526
Tax Key # 025 1013 0222
Trinet Essential Facilities X Inc
P.O. Box 4900
Scottsdale, AZ. 85261
Tax Key # 025 1013 021605
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SEP 1 5 2009
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crrY cr.s:~~, sa. BrvD, rN.
~~ Danch, F/arner ~ ~I ssociates, /nc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend Indiana 46601
RE: Special Exception Petition for
Building Company for property
4050 Ralph Jones Drive, South
Dear Council Members:
Land Surveyors Professional Engineers
Landscape Architects Land Planners
September 15, 2009
Fulton Land &
located at
Bend, Indiana:
Our clients are requesting the approval of a Special Exception
for their property located at 4050 Ralph Jones Drive, South Bend,
Indiana. This Special Exception will allow the petitioner to
increase the amount of area of their property that can be used for
outside storage.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing industrial uses in this
portion of Toll Road Industrial Park.
If you have any questions concerning this matter, please feel
free to give me a call at 234-4003.
Sin erely,
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File # 090163 Md. "C"
Filed In ~t~t•'~'~ ~'~Tt~e
SEP 1 5 2009
~Q-~rt vs°o RB-~~~
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1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
October 8, 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 of Fulton Land & Building
ABZA 10/7/09
Dear Council Members:
The above referenced petition of Fulton Land & Building was legally advertised on September 20, 2009. The
Area Board of Zoning Appeals gave it a public hearing on October 7, 2009, at which time the following action
was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and unanimously carried,
the petition for Special Exception from the maximum allowable 10,812 square feet to 186,600 square
feet for outside storage on property located at 4050 Ralph Jones Drive, is sent to the Common Council
with No 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.
Sincerel
Charles C. Bulot
Building Commissioner
CCB/cah
SPECIAL EXCEPTION PURSUANT 2]-09.3(D)
AREA BOARD OF ZONING APPEALS
FULTON LAND ~ BUILDING COMPANY
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and
inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further
clarification and more evidence on this petition.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT 1S LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHEA'SIVE PLAN BECAUSE:
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
Bend Common Council with NO RECOMMENDATION.
ADOPTED this 7th Day of October, ?009
YES NO
® MICHAEL URBANSKI
® RANDALL MATTHYS
ABSENT JACK YOUNG
AssENT JACK HICKEY
® GERALD PHIPPS
® ROBERT HAWLEY
® JOE VELLEMAN
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, (ndiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
September 30, 2009
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
12E: Area Board of Zoning Appeals Meeting
Dear Board Members:
The following comments are being made concerning some of the items to be heard at the Area
Board of Zoning Appeals meeting on Wednesday, October 7, 2009. The absence of comment on
any particular item should not be construed to mean that the staff agrees with the request.
Variances:
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
(2) the use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner; and,
(3) the strict application of the terms of this Chapter would result in practical d~culties in
the use of the property Chapter.
3. The petition of Timothy W Gordy and Yvette D Gordy.
The Staff recommends denial of the requested variance for an accessory structure without a
primary structure. If the lots were combined in a replat, the variance would not be needed.
6. The petition of Mary Jane Herbster and Rodney McBride.
The Staff recommends approval of the lot size and frontage variance for Parcel 1.
The Staff recorrrmends denial of the frontage variance for Parcel 2. Granting the frontage
variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large,
appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that
Parcel 2 be combined with Lot 1 Buckles Minor in a new 2 lot minor subdivision.
S. The petition of Starlight Care Center, LLC.
The Staff is not in favor of a one foot setback without a maintenance easement being granted by
the adjacent owner. A one foot setback Ieaves Little room for maintenance without trespassing on
the neighboring property.
9. The petition of Huffaker Enterprises, Inc and Company G.
The Staff recommends approval of the 0 foot setback on the east and south side of the existing
building at the corner of Oakside and Main Street. The Staff also recommends approval of the
landscaping variances. Since the building is built to the lot line, there is no room for any
landscaping on the east and south sides of the building.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
The Staff recommends denial of the 0 foot setback for the two existing houses. The existing
situation, as shown on the site plan, places the houses at 18.2' and 16.8' from the front setback.
The Staff recommends that the variances be granted at the existing setbacks of 18.2' and 16.8'
respectively. If there is a time when the houses no longer exist, any new buildings would have to
be built to the standards of the current zoning code or have new variances approved at that time.
Special (Exception) Use:
A special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing.
(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 (St. Joseph County and
City of South Bend) Comprehensive Plan.
10. The petition of Dave Snyder and Dr. James Harris and Dr. Holly Harris.
The Staff recommends denial of the Special Exception for a two family dwelling. Any structure
designed and built as a duplex is out of character with the neighborhood. The Staff would note
that there are other methods to accomplish the petitioner's goal without establishing along-term
use that compromises the integrity of the neighborhood. The granting of the proposed Special
Exception would appear to be in violation of the above standards number two and three.
11. The petition of CGC Holdings, LLC, First Christian Church of South Bend, IN, Inc. and
Good Shepherd Montessori School.
The Staff recommends approval of the Special Exception for off site parking. The property
containing the off site parking is currently part of the overall church property, but will continue to
be used for parking for the church building. It is the Staff s understanding that the parking will
continue as long as the school is in operation. The standards for granting a Special Exception
appear to be met.
12. The petition of Fulton Land & Building Company.
The Staff recommends approval of the Special Exception for exceeding the maximum allowed
outside storage area. The area to be used is surrounded by large industrial uses which will not be
affected by the storage area. The Staff recommends approval of the variances which allow a
practical application of the standards. The standards for granting a Special Exception appear to
be met.
Sincerely, ~
~~
(°hrisfa Nayder ~ C ~~
Planner