HomeMy WebLinkAboutSpecial Exception - 850 Fellows St.-Passed 7-12-10RESOLUTION
4035-10
Passed by the Common Council of the City of South Bend, Indiana
July 12,
Attes
City Clerk
'dent of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 13,
2010
20 10
Approved and signed by me J u 1 y 1' ~ _ 20 10
~Y~'
City Clerk
RESOLUTION NO. ~-(.J ~ f ~~~
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 850 FELLOWS ST., 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 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:
850 Fellows St., South Bend, Indiana 46601-3121
in order to permit Special Exception Uses for a Wrecker Service pursuant to zoning ordinance
section 21-04.02(a)(2)(B)(i) and for outdoor storage or operations on 70% of the total lot area
pursuant to section 21-04.02(b)(10)(c)(ii).
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:
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l . -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
.properly 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 in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
PRESENTED _ ~~ (L -l ~
NOT APPROVED!
ADOPTED ~-~Z~l~
{t~~ Icy ~t~i'}~'~ ~~x0~~
MAY - 7 2010
aQti:~ ~"J~f~~DE
CITY GlkriA., ~.•:1. CEND, IM.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-31 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 850 FELLOWS ST.
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 no recommendation due to
a lack of a quorum.
Ann Puzzello
Chairperson, Committee of the Whole
.., ..
" MIRKIN LAW, OFFICrS, P.C.
ATTORNEYS AT LA~v
I12 WEST JEFFERSON BOULEVARD
WELLS FARGO BANK BUILDING, SUITE 4OO
SOUTH BEND, INDIANA 46601
SAM MIRKIN
DA~7D L.. NtIRKIN"
~AvsO LICENSED IN NIICHICAN
May 7, 2010
Board of Zoning Appeals
City of South Bend
125 S. Lafayette Blvd., Suite 100
South Bend, IN 46601
Re: Petition for Special Exception Use at 850 Fellows Street
Dear Ladies & Gentlemen:
TEI.ErHONE: (574) 232-3393
FAX: (574) 232-7730
FrMAIL: dmirkin@mirkinlaw.com
This Petition for Special Exception Uses and Variances is being submitted by LTODD, LLC,
1530 S. Walnut Street, South Bend, IN 46619, telephone: 574-289-8984.
The property in question is commonly known as 850 Fellows Street, South Bend, IN 46601- _
3121. The legal description and tax identification numbers are attached.
The property is owned by H. G. Christman Construction, Inc., 850 Fellows Street, South
Bend, IN 46601-3121, telephone 574-287-2827.
LTODD, LLC is a contingent purchaser of the property. Its members are Todd and Lora
Stull.
This Petition requests a Special Exception Use for the property to be used for a Wrecker
Service pursuant to Zoning Ordinance Section 21-04.02(a)(2)(B)(i) and for outdoor storage or
operations on 70% of the total lot area pursuant to Zoning Ordinance Section 21-04.02(b)(10)(C)(ii).
This Petition requests the following Variances in order for the property to continue to be used
in its current condition:
1. A Variance from the 30 foot front setback requirement on the west side ofthe
property pursuant to Ordinance Section 21-04.02(b)(2)(A) to 0 feet to accommodate
the warehouse located on this property within this setback.
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2. A Variance from the 30 foot front setback requirement on the east side of the
property pursuant to Ordinance Section 21-04.02(b)(2)(A) to 0 feet to accommodate
the two buildings located on this property within this setback.
3. A Variance from the 10 foot side yard setback on the south side of the
property pursuant to Ordinance Section 21-04.02(b)(2)(B) to 0 feet to accommodate
the warehouse located on this property within this setback.
4. A Variance from all required landscaping pursuant to Ordinance Section 21-
07.01 to current landscaping.
5. A Variance from Ordinance Section 21-04.02(b)(10)(B)(ii)(a) to allow
outdoor storage everywhere within the fenced area of the property indicated on the
Site Plan.
These Special Exception Uses and Variances are necessary so Rylynn, Inc., d/b/a Bestway
Towing, can conduct its towing operations as a Wrecker Service on the property. Bestway Towing
is owned by Todd and Lora Stull. The Variances are necessary because the property is being rezoned
from Light Industrial District to General Industrial District, and variances are necessary so the
property can continue to be used in its current condition.
These Special Exception Uses and Variances are also necessary so Bestway Towing can store
towed vehicles on 70% of the property. _
The proposed Special Exception Uses and Variances will not be injurious to the public.
health, safety, comfort, community moral standards, convenience, or general welfare. Bestway
Towing provides towing services for vehicles. Bestway Towing has conducted its activities for
many years without incident. Allowing a vehicle towing and storage service is safe and appropriate.
The current condition of the property is not being changed.
The proposed Special Exception Uses and Variances will not injure or adversely affect the
use of the adjacent area or property values therein. Adjacent properties are used for industrial
companies, warehousing, and similar uses. A vehicle towing and storage business will pose no harm
to adjoining businesses. The property's current condition will not be changed.
The proposed Special Exception Uses and Variances will be consistent with the character of
the district in which it is located and the land uses authorized therein. A Petition for Rezoning from
Light Industrial District to General Industrial District has been filed and will be heard by the Area
Plan Commission at its June 15, 2010 meeting. South Bend's zoning ordinance regarding General
..,
Board of Zoning Appeals
May 7, 2010
Page 3
Industrial Districts specifically contemplates allowing a Special Exception Use for a Wrecker
Service and for storage on more than 50% of the property. Other businesses on adjoining properties
are similar in character and economic activity.
The proposed Special Exception Uses and Variances are compatible with the
recommendations of the City of South Bend Comprehensive Plan, in that it supports economic
development and activity and will be beneficial to the community. The City of South Bend has
directed LTODD, LLC to this property and supports this petition. The property is currently not being
used by an active business.
Strict application of the terms of the Ordinance will result in practical difficulties of the use _
of the property because it would require the current warehouse to be torn down, and would make.
development and use of the property too costly.
This Petition is being presented by Attorney David L. Mirkin, Mirkin Law Offices, P.C.,112
W. Jefferson Blvd., Wells Fargo Bank Bldg., Suite 400, South Bend, IN 46601, telephone (574) 232-
3393, on behalf of LTODD, LLC.
As noted above, the property is currently zoned LI Light Industrial District. It is located in
Portage Township. A Petition to Rezone the property to GI General Industrial District is pending
before the Area Plan Commission and the Common Council.
Respectfully submitted,
David L. Mirkin
DLM:pjw
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PARCELID NAME_1 MAILINGAD D MAILINGCIT MAILINGSTA MAILINGZIP
MOSSBERG & 301 E Sample
018-3024-0899 COMPANY INC St South Bend IN 46601
TOROK WILLIAM 17940 Drury
018-3024-0901 A JR Lane Granger IN 46530
CURTIS
018-3092-3513 PRODUCTS INC P O Box 1107 South Bend IN 46624
018-3092-3504 PAI PROPERTIES P O Box 30 South Bend IN 46624
FAMILY &
CHILDRENS
CENTER
PROPERTY
MANAGEMENT 1411
018-7009-0360 CENTER INC Lincolnway W Mishawaka IN 46544
CITY OF SOUTH
BEND
DEPARTMENT
OF -
REDEVELOPMEN 1200 County
018-7018-0754 T City Building south Bend IN 4sso1
CITY OF SOUTH
BEND
DEPARTMENT
OF
REDEVELOPMEN 1200 County-
018-7018-0753 T City Building South Bend IN 46601
SEGO JAMES 501 E Sample
018-3036-1366 RAY JR st south Bend IN 4sso1
018-3035- cITY of so
BEND DEPT OF 1200 County
133301 REDEVEL City Bldg South Bend IN 46601
018-3024-0897 MOSSBERG AND
COMPA 301 E Sample
NY INC St South Bend I N 46601
MOSSBERG AND 301 E Sample
018-3024-0898 COMPANY INC St South Bend I N 46601
018-3024-0900 MOSSBERG & 3
COMPA 01 E Sample
NY INC S t South Bend I N 46601
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HARBOR 802 Fellows
018-3032-1216 METALS LLC St South Bend IN 46601
H G CHRISTMAN
CONSTRUCTION
018-3036-1365 CO. INC P O Box 4117 South Bend IN 46634
O 18-3035-
CITY OF SOUTH 1300 County
132301 BEND City Building South Bend IN 46601
MOSSBERG AND 301 E Sample
018-3024-0869 COMPANY INC. St South Bend IN 46601
CITY OF SOUTH
BEND
DEPARTMENT
018-3032-
REDEVELOPMEN .County City
124901 T Bldg South Bend IN 46601
CITY OF SOUTH
BEND
DEPARTMENT
OF
REDEVELOPMEN .County City
018-3032-1249 T Bldg South Bend IN 4sso1
CITY OF SO _
BEND DEPT OF
018-3032-1250 REDEVEL Co-City Bldg South Bend IN 46601
CITY OF SOUTH
BEND DEPT OF
REDEVELOPMEN .County City
018-3032-1251 T Bldg South Bend IN 4sso1
018-3024-
cuRTls
090101 PRODUCTS INC P O Box 1107 South Bend IN 46624
HARBOR 802 S
018-3092-3512 METALS LLC FELLOWS South Bend IN 46601
HABITAT FOR
HUMANITY OF ST
JOSEPH 402 E SOUTH
018-7008-0300 COUNTY INC ST South Bend IN 46601
ART MOSIAC
AND TILE
018-3092-3508 COMPANY OF SB 844 S Rush South Bend I N 46601
018-3092-3506 PAI PROPERTIES PO BOX 30 South Bend I N 46624
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 for LTODD, LLC
ABZA 6/2/10
Dear Council Members:
The above referenced petition of LTODD, LLC was legally advertised on May 13, 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 a wrecker service and for outdoor storage of operations on 70% of the
total lot area in a "GI" General Industrial District, on property located at 8~0 Fellows 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 =Jr/~
,~ j~
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah
LTODD, LLC
SPECIAL EXCEPTIOT~T PURSUANT 2]-09.3(D)
AREA BOARD OF ZONING APPEALS
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:
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 community..
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THF_ 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 AUTHORIZE-D 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 PL,4A' BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
COI~'DTTIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Specia] Exception shall be passed onto the City of Soutl
Bend Common Council with a: FAVORABLE RECOMMEI~~DATION
ADOPTED this 2ND Dav ofJU NE. 2.010.
YES INTO
® MICHAEL URBANSKI
® RANDALL MATTHYS
® JACK YOUNG
.4BSe~T JACK HICKEY
® GERALD PHIPPS
® ROBERT HAVVLEY
® JOE VELLEMAN