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HomeMy WebLinkAboutSpecial Exception - WesternRESOLUTION 3783-07 Passed by the Common Council of the City of South Bend, Indiana September 10, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 11, 07 20 Approved and signed by me September 12. 20_Q.Z. City Clerk 07 zo RESOLUTION NO. 3 ~ ~.3- ~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4102 W. Western Ave South Bend, IN 46619 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 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 South Bend 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 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: 4102 W. Western Ave. South Bend, IN 46619 in order to permit Automobile Sales in a "CB" District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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: 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 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. Member of the on Council PRESENTEd 1. ~ ` ~^~~ ~1 NOT APPR0IR~I F~~ a i c~~~~°s o~~~Ce .____.- JUL 2 ~ 2007 JOt~N VCC°?DE CPTY CtE~K, S_~ ± ~K ADOPTED ~~~ 0 - 01 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-111 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4102 W. WESTERN AVE, 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. Karen L. White Chairperson ' BOARD OF ZONING APPEALS '~ OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME Rafael Paredes PHONE __219) 778-8723 ADDRESS 2772 N. 350 East Rollin Prairie IN 46371 ADDRESS OF PROPERTY 4102 W. Western Ave South Bend IN 46619 PRESENT ZONING OF PROPERTY "CB" Community Business OWNER'S NAME Rafael Paredes PHONE_(219) 778-8723 ADDRESS 2772 N. 350 East Rollin Prairie IN 46371 COUNSEL OR CONSULTANT ADDRES NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: PHONE Seekin a S ecial Exce tion to allow automobile sales in a "CB" District I attest under the penalties for perjury, that the foregoing representations are true. Signature of opertjr Owner (s ) WRITTEN STATEMENT The reason for the petition is we are trying to get a special exception to allow for automobile sales in a CB District. We would like to bring back some life to a corner that has been dormant for sometime now. We have already cleaned up the property on the outside and we are currently working on the inside of the building as well. We would like to have the capability of selling some late model cars. I don't believe we will have too many cars at any given time as to make the property look bad in any way. The main reason for the purchase of the property was for the capability of auto sales as well as the repairs and did not know that the location was not zoned for the car sales. If we are allowed a special exception, 1. The proposed use will not be injurious to public health, safety, comfort, community moral standards, convenience or general welfare because there will be no hazardous items stored on the premises; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein because business that is up and running is better for the property values than having property that is vacant in the area; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein because there will be some landscaping done to continue with the beautiful new sidewalks and curbs in the area; 4. The proposed use will be 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(1). '~ Thank you in advance for your consideration. G~'l~ G~7~~~ Rafae Paredes ~~ ., ~~ .~~ -~-~ ~ ,. acs ry,._ ~~_r , ___ ~- 0 ~~ . ~~~~~~ ~. ~. F ^~ . ~....--r_~...,..1 ~ '` _ .~~~~.~ ~v~~~r~~/~~'~ ~~G~y L~~~~~~f~G ~._ ~~z~ ~- ~~----'1 G~ R AGt= ~~rr~~w _ 6 x'`~ '~ . ~~C~ ~ .- ~ ~.~ P~1(~K/~1 G U! ~~ ~ 5 x 3 ~ ©~~ }. ... , m ~° ~o ~ N ~ ~?i nl~l P~t2K/NG- ~~1N~osc,~~/NG ~ ~, ~I ~~ ~ T ,. ~:.~.~ 1~ . O ~~ ~` ~~~ ~ --.._ _ .; L gN1~S~',9~-- 018-4084-3094 Turner,Turner 3816 Carey St. East Chicago IN 46312 018-4084-3093 Donaldson, Teresa 438 S. Edison South Bend IN 46619 018-4084-3092 Rutt, William & Diana 8906 N 600 East Rolling Prairie IN 46371 018-4084-3091 Farmer, Darlene 434 S. Edison South Bend IN 46619 018-4084-3090 Ramirez, Ricardo 429 S. Albert St South Bend IN 46619 018-4084-3089 Quinn, Deneise 430 S. Edison South Bend IN 46619 018-4084-3088 Amaruso, Marie 45 Mabel Place Merrick NV 11566 018-4084-3087 Krouse, Karenmarie 426 S. Edison South Bend IN 46619 018-4084-3086 K & S Land Trust % S & K Investors, LLC P.O. Box 6003 South Bend IN 46660 018-4084-3085 Martinez, Sandra 54555 Pine Rd South Bend IN 46628 018-4084-3084 Dillon, Joan 1424 Orkney Ct. South Bend IN 46614 018-4084-3083 Orr, Thomas & Dawn 418 S. Edison South Bend IN 46619 018-4123-4783 Z B Falcons Nest 80 Inc 323 S. Sheridan St South Bend IN 46619 018-4084-3082 Holston, Drew & Patricia 413 S. Albert South Bend IN 46619 018-4084-3081 Manriquez, Genaro & Irma 414 S. Edison South Bend IN 46619 018-4084-3076 Clymer, Flora 19612 Auten Rd South Bend IN 46637 018-4084-3075 Vargas, Jose 4122 Western Av South Bend IN 46619 018-4083-3052 Ameriquest Funding II REO subsidary LLC 1100 Town & Country Rd. 16th fl Orange CA 92868 018-4083-3060 Wells, William & Delores 438 S. Albert St South Bend IN 46619 018-4083-3057 Payne, Danyel 434 S. Albert St South Bend IN 46619 018-4083-3055 Blad, Oralia 429 S. Sheridan St South Bend IN 46619 018-4083-3054 Kell, Charles 430 S. Albert St South Bend IN 46619 018-4083-3051 Johnson, Willie Junior 426 S. Albert St South Bend IN 46619 018-4083-3049 Greer, John & Gloria 710 S. Dundee South Bend IN 46619 018-4083-3048 Bankers Trust of California 575 N. Pennsylvania St Indianapolis IN 46204 018-4083-3046 Schrock, Dennie 22396 Brickwater Dr. #34 Elkhart IN 46516 018-4083-3045 McKinney, Kenneth 418 S. Albert St. South Bend IN 46619 018-4083-3043 Spychalski, Casimer R 413 S. Sheridan St South Bend IN 46619 018-4083-3042 Nalepinski, Gertrude 414 S. Albert St South Bend IN 46619 018-4083-3034 Leanos. Efren 4014 W. Western Av South Bend IN 46619 018-4124-4818 Phoenix Plaza Joint Venture 227 W. Trade St. Suite 400 Charlotte NC 28202 %Bodner Mgt Corp Att Margaret Wood 018-4085-3129 Jones, Marsha 433 S.Edison St. South Bend IN 46619 018-4085-3126 Zmyslo, Theodore & Anna 429 S. Edison St South Bend IN 46619 018-4085-3123 Borowiak, Edw & Lucille 425 S. Edison St South Bend IN 46619 018-4085-3120 Rogers, Robert & Franciene 421 S. Edison St South Bend IN 46619 018-4085-3117 018-4085-3114 018-4085-3111 018-4085-3109 018-4085-3110 018-4085-3106 018-4123-478102 018-4124-481802 018-4123-478101 018-4123-478201 Ford Arthur & Linette Sobieraiski, Richard & Mary Ann and Life Est Steve Sobieraiski Hummer, Richard E II & Donna Hummer, Richard E II & Donna Hummer, Richard E II & Donna Chowhan, Ziauddin Trustee of Ziauddin Chowhan 2000 Gst Rev Trust Zigmund Balicki Polish Falcons 1 IN Phoenix Plaza Joint Venture Bodner Management Corp Supreme Properties Inc Zheng, Shu Wu 27150 Kline Tr South Bend IN 46614 413 S. Edison South Bend IN 46619 22115 New Rd South Bend IN 46614 22115 New Rd South Bend IN 46614 22115 New Rd South Bend IN 46614 51100 Erin Glen Dr Granger IN 46530 323 S. Sheridan St South Bend IN 46619 227 W. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 August 17, 2007 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 8/16/07 The petition of Rafael Paredes seeking a Special Exception to allow automobile sales in a "CB" Community Business District Dear Council Members: The above referenced petition of Rafael Paredes was legally advertised on August 2, 2007. The Board of Zoning Appeals gave it a public hearing on August 16, 2007, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception of Rafael Paredes to allow automobile sales in a "CB" Community Business district, on property located at 4102 W. Western Ave., is sent to the Common Council of the City of South Bend with a Favorable Recommendation. The deliberations of the 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. Sincerely, Donald F. Fozo, C.B. Building Commissioner DFF/cah PAREDES (AUTOMOBILE SALES IN "CB") SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA 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 THE USE OF THE ADJACENT AREA OR PROPERTY VALUES TI-IEREIN 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 WHICH IT IS LOCATED AND THE LAND USES.AUTHORIZED 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 PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. 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 a: FAVORABLE RECOMMENDATION ADOPTED this 16TH Day of AUGUST, 2007. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ABSENT MAURICE HOBAN ABSENT ELONDA WILDER-HAMILTON Board of Zoning Appeals -August 16, 2007 RAFAEL PART;DES The petition of Rafael Paredes seeking a Special Exception to allow automobile sales in "CB" Community Business, on property located at 4l 02 W. Western Ave. This property is zoned "CB" Community Business. MR. RAFAEL PAREDES & MRS. KAREN PAREDES: We are seeking a Special Exception to do automobile sales at the 4102 W. Western Ave. property. In previous it was just an auto repair shop which we are continue wanting it to be. However we feel that there may be sometimes where cars may come up where owners are going to want to sell it or we may want try some cars that we have repaired ourselves and just wanted to make sure we had the permission to do so properly. Currently we just sell a car here or there once in awhile on our front lawn at home and figured Western Ave. being that it's high traffic area and being that there are other business doing the same that we were asking that Special Exception for that reason. I don't believe he intends for it to ever be a huge auto sales lot where there are tons of cars sitting around collecting dust. MR. SASSANO: How many cars could you get on the lot do you think? MR. PEREDES: Ten or twelve. And we want them to be nice looking cars: MRS. PEREDES: We already own another piece of property on Western Ave. We live in LaPorte and we drive up and down Western Ave.. everyday to our other business as well and we feel that having business up and running on that stretch of road even for our other business is better than having a lot of properties vacated and overgrown with weeds and what have you and that's why we purchased another piece of property in South Bend. MR. HOFFMAN: But this is going to remain a repair shop primarily? MRS. PEREDES: Yeah. MR. SASSANO: Which is what is it now, right? MRS. PEREDES: Yeah. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MS. REGINA RANKERT: I'm here representing Western Ave. steering committee. If I could I have some handouts about what the current auto sales lots and Western Ave. MS. RANKERT PASSED OUT PAPERS TO THE BOARD AT THIS TIME MR. SASSANO: And what is the Western Ave. steering committee? 11 Board of Zoning Appeals -August 16, 2007 MRS. RANI{ERT; Western Ave. steering committee is a group we work with the City and we are the first step in applying for grants for along Western Ave. Our representative from the city was until recently the Mayor's off ce, the housing authority, the community development commission, the prosecutors office and a number of city offices and they work with neighborhood groups. Lilce St. Adalberts is represented, LaSalle Park District is represented. Goodwill and businesses. I'm also a business member also. 'The committee voted on August the first to oppose this based on the idea that there are so many used car lots on Western Ave. Many of those you will see there as businesses also sell used cars and the space is very limited and the possibility of the overflow into the residential area on the side street of Albert Street and Western Ave. is a great possibility. MR. SASSANO: What do you mean by that? MS. RANKERT: The overflow? If he has many repair cars and selling also, there is a very limited space in their parking lot of that building. MR. SASSANO: So you're saying their customers would park on the street? MS. RANKERT: I'm afraid they would park on the street, yes. MR. SASSANO: Their customers? MS. RANKERT: The customers or• the cars while they're being repaired. MR. SASSANO: That's illegal isn't it. They can't park cars on the street. MS. RANKERT: Granted that's illegal but if you look at the pictures, there is a whole lot of that going on along Western Ave. So point one was space is limited and concern about appearance. Most places -along Western Ave are not maintained very well and that's historically the situation. Number two this number of places selling cars along Western Ave. the steering committee is part of the group to improve the Western Ave corridor. And we are really fighting for it to not look like a used car lot from Mayflower Road to downtown. Up keep and appearance of all these lots have not been maintained and although we are encouraging growth, we would like to see growth of other kinds on Western Ave. and that they will reflect more than used car lots. MR. SASSANO: Have you met with the petitioner? MS. RANKERT: No. I have not. MR. HOFFMAN: Anyone else wishing to speak against the petitioner? MS. GERTRUDE NALEPINSKI: I live at 414 S. Albert St. It used to be that lot, I live right across the street from them and I don't think there is room for more automobiles. This will be the seventh automobile sales lot since Walnut Street and Western Ave. We don't need another sales car. I live right across the street, across the alley from Piiicanto, little gas station there that they fix automobiles and they have now since cemented their building but they did not finish off the back of their yard. They have spilled their own water, waste water that they had on the car and they have weeds there. They have not cleaned up any of that there and they have a rail there on the end that is rusty and they are not painting it. But the Code Enforcement is telling me that "I 12 Board of Zoning Appeals -August 16, 2007 can't force them to paint that railing around the yard." I just wonder what kind of cars are they going to sell there. Are they going to be Katrina cars with all the flooding and so. What kind of automobiles are they going to be selling and will they be lit up at all hours of the night. Jttst don't know what's it's going to be. MS. LORETTA SPYCHALSKI: I live at 413 S. Sheridan St. and I live behind the Discount Dollar store and I'm against this because I think there is going to be too many cars parked around the property and they don't seem to have that much room. And there is another property, but I don't know the address but it's at the corner of Sheridan and Western, that they have car sales there too. And there's a lot of cars that are going through the alley behind Dollar Discount and the 4102 W. Western Ave. And so the alley is getting in pretty bad condition do to all the traffic. R>CBUTTAL: MRS. PAREDES: All I would lilte to say is that they are referring to a business that is across the street froth where we are located. I don't feel we should be compared to them on what they have not done or what they are not doing. We've already gone out and painted all the parking blocks or poles so you don't bang into the wall and we are trying to clean up outside as well. In fact he hung a couple of pieces of new siding. There were some bathrooms on the outside of the building there that we're going to close down and cover with new siding. I think given time I thir~lc we will have that building looking far better than it has been and is currently. I don't feel there is going to be tons of traffic like she said. Actually since we've owned the building we have had some parking their truck in our lot that we don't know who it is. They've been leaving their truck there so I mean, and there's parking on the street so I don't lalow what parking she's talking about. MR. SASSANO: Are you adding outside lighting? Are their requirements for that lighting? What about the idea that you might have too much light corning from your property into the neighborhood? MRS. PAREDES: I don't know that we're going to have it lit up all night or anything. MR. SASSANO: But you understand as you put these lights up it spills into the neighborhood? MRS. PAREDES: No it would shine from the front of the building onto the lot and shouldn't affect anything on the neighborhood. MR: SASSANO: You're putting lights on the building? MRS. PAREDES: There's currently a light on the building and I don't know if it's working or anything. MR. SASSANO: So what are you adding? MRS. PAREDES: I think we're just going to repair the lights that are hanging. MR. SASSANO: Okay so you're not going to put additional light poles up? MRS. PAREDES: No, no. Currently 4102 W. Western Ave already has new sidewalks and new lights up in that area already so we are iiot adding any additional poles or anything. MR. SASSANO: What about the quality of cars? 13 Board of Zoning Appeals -August 16, 2007 MR. PAREDES: I want them to be good quality of cars, '98, '99, 2000 and better. MR. SASSANO: Have you been selling cars lately and what's the price range of cars you sell? MR. PAREDES: $10,000 or more. 1VIR. SASSANO: Are you aware of the Western Ave. steering committee? MRS. PAREDES: I have gotten a letter actually from them at our other business, yes. MR. SASSANO: Are you aware of the fagade grants and things like that. MRS. PAREDES: Yes and I can say I have not used them but probably could have. MR. ~-iOFFMAN: Now you have submitted landscaping on your plan. Correct me if I'm wrong but this becomes a committal on their part? MR. JANICOWSKI: That's correct. MR. HOFFMAN: We like landscaping. What my point in asking the question is'this site plan becomes part of our record and .you will have to follow through with the landscaping. MRS. PAREDES: Is the area that you're referring to is the lawn area that the city ... MR. HOFFMAN: No you have done it correctly. You have I all around the whole building. You have it back by the neighborhood. Area Plan do you any additional comments. MR. LYONS: We have no additional comments other than our recommendations. MR. SASSANO: It seems to me that those not in favor were really not in favor with parcels that have nothing to do with this parcel.. And I in fact believe that what the petitioners will do will increase the value of the land and see no reason why we should not give a favorable recommendation to the city council and in fact I would encourage the Western Ave. steering meet -with these people and make them allies. A motion to send this petition to the Common Council with a Favorable Recommendation was made by Mr. Sassano and seconded by Mr. Kilbase. The motion carried unanimously. After hearing the evidence on the petition, the 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 is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the 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 14