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HomeMy WebLinkAboutSpecial Exception - 2211 S. Michigan St.RESOLUTION 4034-10 Passed by the Common Council of the City of South Bend, Indiana June 28, 10 20 Attes City Clerk ident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 29, 20 10 Approved and signed by me June 29, 2010 City Clerk l RESOLUTION NO. `"~-~ 3~ -h 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 2211 S. MICHIGAN 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 Peti±ions 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 Area 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 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: ZZ11 S. MICHIGAN ST. in order to permit A SPECIAL EXCEPTION FOR MANUFACTURING/RETAILER IN A "MU" MIXED USE DISTRICT 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. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 5 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 Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be Common Council and approval by the PRESENTED ~ l Z~'l CJ NOT. ~APpROY.ED: ADOPTED (p - Z, S'!L~ ie Fi~~d In C~~t'~:'~ ~~~i~~ r~1 AY - 6 2010 ~Qf{!~ v~Q~l~~ CITY CLERK, S0. END, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-30 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 2211 S. MICHIGAN ST. 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 April 20, 2010 Dear Area Board of Zoning Appeals: My name is Elizabeth Parvu My address is 538 East Ewing Avenue South Bend, Indiana 46613 My phone number is 574-233-6522 Zl ~ -~~~ `°~ I am petitioning the board for special exception use variance. The property is located at 2211 South Michigan Avenue South Bend, Indiana 46613 Currently the building is zoned MU (mixed use) and it is in Portage Township. We would need the variance for Manufacturing/Retailer. I wish to put my business in this building and we will need the variance to do some light manufacturing of repacking some food colors, coloring cocoa butter and an occasionally specialty class for adults. The business hours would normally be 7:OOa.m to 7p.m. There would be no smell, no odors, no noise and no real late nights. We maybe able to employ in the future a few employees. The proposed used will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The area adjacent will actually have a positive impact. This building has been vacant on and off for years. It is now bank owned. If approved, it will be purchased by an owner/operator of a small business. This would be an asset to the area. For the petitioner to purchase the building the special exception use variance is necessary. Without the variance the building will remain vacant and also the petitioner would be unable to purchase the building. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Thank you, for your time and attention to this appeal. Sincerely, ~~.~~~ AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 June 3, 2010 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 Elizabeth Parvu ABZA 6/2/10 Dear Council Members: The above referenced petition of Elizabeth Parvu was legally advertised on May 21, 2010. The Area Board of Zoning Appeals gave it a public hearing on June 2, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow Manufacturing/Retailer in a "MU" Mixed Use District, on property located at 2211 S. Michigan Street, is sent to the 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. Sincerel Charles C. Bulot, C.B.O. Building Commissioner CCB/cah PARVU SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1 . THE PROPOSED USE WILL NOT BL- INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will 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 commwtity.. 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 WHICI- IT IS LOCATED AND THE LAND USES AUTHORIZED THERETN 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 THL- 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 deviatin; from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special E~:ception shall be passed onto the City of Soutl Bend Common Council with a: FAVORABLE RECOMMEI\'DATION ADOPTED this 2ND Day of JUNE, 2010. YES I~'O ® MICHAEL URBANSIiI ® RANDALL MATTHYS ® JACK YOUNG .ASSEi\T JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ELIZABETH PARVU The petition of Elizabeth Parvu seeking a Special Exception for Manufacturing/Retailer in a "MU" Mixed Use District, on property located at 2211 S. Michigan Street, Portage Township. Zoned "MU" Mixed Use. MR. JOHN PIRACCINI: Coldwell Banker Commercial Real Estate, 1807 South Bend Ave. and I represent the seller and the buyer and Mrs. Parvu is here and she will just speak briefly about the business. As you probably read I'm sure the staff recommendation which we were happy to see. A little history of the building. This building is owned by Rose Land Finance Corp. of East Lansing. They've had about two or " three buildings in the area on south Michigan that they got back. This building in particular sat empty. It's really not had a solid owner or tenant for quite some time. It's in pretty decent shape. Mrs. Parvu wants to, she's moving her business from her home, it's expanding, it's got some growth and she wants to put her. business in this building. We're taking this vacant building on the south gateway and kind of making it productive. She hopes to hire some people in the future but wants to kind of get through this trial basis of making that transaction. She'll explain the business. We needed this variance, this exception because she is going to be doing a little manufacturing, very light in the building and I'll let her explain that. MRS. ELIZABETH PARVU: I live at 538 E. Ewing Ave. I have an Internet business that is explosive right now and I need to have a building. I need it out of the house. The manufacturing part is just taking colors and taking them from 55 pound drums that are currently being done in Niles, Michigan and putting them in one pound containers. And teaching one or two classes a month in the front part of the building. MR. PIRACCINI: I just want to add that there will be no late hours, no smells, no noises, it's a very simple process. MS. NAYDER: We gave it a favorable recommendation. That is a very mixed area and just based on all the other uses that are around it we didn't see how this would not fit in with that area. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. 42 Area Board of Zoning Appeals -June 2, 2010 A motion to send this Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this. Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION