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Home My WebLink AboutSpecial Exception - 2602 Western Ave.-Hell's Angel ClubRESOLUTION 4052-10 Passed by the Common Council of the City of South Bend, Indiana September 27, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ September 28, ~~ ~ ""~h City Clerk Approved and signed by me September 29, 2010 20 10 20 10 Mayer RESOLUTION NO . v~ ! ~ ~ `~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (2602 WESTERN AVENUE, 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 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 of St. Joseph County, Indiana 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: (2602 WESTERN AVENUE, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Bend, Indiana per Section 21-03.02 (a) (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 of St. Joseph County, Indiana, a copy of which is on file in the Office of the City Clerk. 2 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 and approval by the Mayor. Member of the Comoro Counci rRESENTED G`'-Z1 J~~ NOT APPROVED `ADOPTED ~ ~2~ J~ Filed r~ Cl~r~'s Q~~g~~ AUG-42010 JJ41N VDaf}t~E TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-44 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 2602 WESTERN AVENUE, 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 ., .. G ~~ C~C~,~,~r ~f~ AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. NOTIFIED , 20 FILED , 20 HEARING , 20 APPEAL Applicant's Name: WILLIAM C. KOLACZ TRUSTEE OF THE WILLIAM C.KOLACZ REVOCABLE TRUST WITH LIFE ESTATE Phone 574-235-9371 Address: 3602 SOUTH IRONWOOD DRIVE, BOX 338-e, SOUTH BEND, INDIANA 46614 Address of Property: 2602 WESTERN AVENUE, SOUTH BEND, INDIANA 46614 Present Zoning of Property: "MU" MIXED USE DISTRICT Owner's Name: WILLIAM C. KOLACZ TRUSTEE OF THE WILLIAM C.KOLACZ REVOCABLE TRUST WITH LIFE ESTATE Phone 574-235-9371 Address: 3602 SOUTH IRONWOOD DRIVE, BOX 338-e, SOUTH BEND, INDIANA 46614 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 2602 WESTERN AVENUE, SOUTH BEND, INDIANA 46614 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-03.02 (a)(2)(E) of the City of South Bend Zoning Ordinance to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Bend, Indiana 46614, per Section 21-03.02 (a)(2)(E) of the City of South Bend Zoning Ordinance; 2 VARIANCE REQUEST: 1). From the requirement of providing the minimum of One (1) Parking Space per Five (5) Members of the Club for a total of Three Parking Spaces (i.e. 15 Members = a minimum of 3 Parking Spaces) to providing a total of Two (2) Parking Spaces for 15 members. The Petitioner is the owner 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 "MU" Mixed Use District. The Petitioner has been approached by the City to negotiate the purchase of the property to allow for the re-location of a Private Club to the site. The re-location is necessary as the City is purchasing the Private Clubs' property, which is located on the Northwest corner of Indiana Avenue and Chapin Street. This property falls within the boundary area of properties being acquired by the City for the Ignition Park. The Petition site is approximately the same size as the property on Indiana Avenue with a similar structure. The zoning of both sites is the same (MU) and the location on an arterial street with adjacent single-family homes is the same. The existing Private Club has been at their location for approximately 30 years. They desire to be re-located in South Bend at a location that is relatively close to their Club members. The Western Avenue location fits the Club's requirements closely. The Private Club is a motorcycle club made up of 15 members. They have enjoyed being at their location on Indiana Avenue for the past 30 years. They have been active members in the neighborhood and they look forward to being active members in their new location and to help the neighborhood in any way they can. They meet on a regular basis and enjoy the company of their members getting together at their Club facility to discuss issues related to the Club and events within the community that they can play a part. The members usually try to meet once a week with the meeting lasting approximately 2 hours. The meetings usually occur in the early evening. Not all 15 members are in attendance at each meeting. The average is approximately 11-13 members. During a few days each week a member or two maybe present for a few hours to do general clean- up/maintenance and check for mail. It is typical that the members come to the club building by motorcycle. The City, their representatives and the contingent purchasers have had discussions with the Building Department Staff to determine the procedures required to move the Private Club from their present location to the Petition site. Based on the City's Ordinances, the re-location process requires the approval of a Special Exception. A "Private Club" is a Permitted Use in the Mixed Use District only with the Special Exception. There were also discussions with the Councilman of the District, to discuss with him, the process to re-locate the existing Club. He was favorable to the re-location within his district and expressed no concerns. The Petitioner, the City and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow 3 far the re-location of the Private Club, 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). The Petitioner, the City and the contingent purchasers believe that their re-location to the petition site would have a positive effect on the neighborhood, as it will take a building which has been vacant for over a year and allow it to be occupied and renovated for the Clubs' use. The Petitioners believe that approval of the above Special Exception for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. Also as part of the re-location of the Private Club, a Variance is required for the amount of parking being provided. Per the City's parking standards, a Private Club is required to provide One (1) parking Space for each Five (5) members of the Club. At their present location, there are no specific spaces being provided, the members park in the area behind the building, or on the side of the building in a vacant lot or in the street along Indiana Avenue. The members ride motorcycles, and the area for parking motorcycles is not as large as spaces needed for vehicles. At the Petition site, the existing building has two garage areas available on the South end of the building. The garage area available is approximately 750 square feet. The typical motorcycle space is 4 ft. by 9 ft. The garage area available could handle 10 to 12 motorcycles comfortably and indoors. The Petitioner and contingent purchaser are requesting a Variance from the minimum required three (3) Parking Spaces for the Private Club (i.e. One (1) Parking Space for each Five (5) members, a total of Three (3) spaces) to a minimum of Two (2) Parking Spaces. With the amount of parking available in the garage area of the existing building, the Petitioner and contingent purchaser do not believe approval of a One (1) Parking Space Variance for this use would have a detrimental impact on any surround property. The Petitioner, City and contingent purchasers would ask the Board Members to agree that approval of the above described Special Exception and Variance request 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. 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 Special Exception and Variance request is sought: that the need for the Special Exception and Variance request 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 Special Exception and Variance will 4 not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. t° Michael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet Rosa Sandoval Rosa Sandoval 2622 W Western Ave 2622 W Western South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1250 Tax Key # 018 4035 1249 Bernardo Galvez & Emilio Galvez Laura & Manuel Villegas 2630 Western 2637 W Western Ave South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1247 Tax Key # 018 4035 1246 Fabian Corro & Ricardo Rosales Robert Stone 62430 Locust Road Lot 213 414 S Kaley South Bend, IN. 46614 South Bend, IN. 46619 Tax Key # 018 4035 1244 Tax Key # 018 4035 1255 Robert Stone 2627 Monroe St.Land Trust LLC 414 S Kaley 2627 Monroe South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1256 Tax Key # 018 4035 1258 2627 Monroe St Land Trust LLC Linda Smith -Linda Edgil 2627 Monroe 2617 W Monroe South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1260 Tax Key # 018 4035 1261 James & Ramona Gregg Luisa Maria Fernandez 438 S Olive 417 Meade St South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1263 Tax Key # 018 4035 1264 Salvador & Consuelo Miramontes ANM Rentals LLC 434 S Kaley 2236 Miller Ct South Bend, IN. 46619 Mishawaka, IN. 46544 Tax Key # 018 4035 1266 Tax Key # 018 4035 1269 Javier Dominguez Javier Dominguez 2618 W Monroe 2618 W Monroe South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1271 Tax Key # 018 4035 1272 Richard & Geraldine Bandera Maria Guadalupe -Serafin Garcilazo 425 S Meade St 429 S Meade St South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 014 4035 1274 Tax Key # 018 4035 1275 Bernardo Galvez & Emilio Galvez 2630 W Western Ave South Bend, IN. 46619 Tax Key # 018 4035 1248 Laura & Manuel Viillegas 2637 W Western South Bend, IN. 46619 Tax Key # 018 4035 1245 Joseph Jr. & Irene Mcleod 422 Kaley South Bend, IN. 46619 Tax Key # 018 4035 1257 2627 Monroe St Land Trust LLC 2627 Monroe St South Bend, IN. 46619 Tax Key # 018 4035 1259 Linda KSmith - Linda K Edgil 2617 W Monroe South Bend, IN. 46619 Tax Key # 018 4035 1262 Kenneth & Esther Kalicki 421 S Meade South Bend, IN.46619 Tax Key # 018 4035 1265 Javier Dominguez 2618 W Monroe South Bend, IN. 46619 Tax Key # 018 4035 1270 Javier Dominguez 2618 W Monroe South Bend, IN. 46619 Tax Key # 018 4035 1273 Maria Guadalupe -Serafin Garcilazo 429 S Meade South Bend, IN. 46619 Tax Key # 018 4036 1276 Gregory Wilson Gregory Wilson Jeremy Smith 2506 W Monroe 2506 Monroe St 434 S Meade South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4024 0836 Tax Key # 018 4024 0835 Tax Key # 018 4024 0834 Clinton Douglas III 830 Harrison Ave South Bend, IN. 46619 Tax Key # 018 4024 0833 Andres & Patricia Ovalle 19385 Doventry Ct. South Bend, IN. 46637 Tax Key # 018 4024 0805 Brinks Inc. PO Box 18100 Richmond, VA. 23226 Tax Key # 018 4024 080901 Avtar Singh 422 S Meade St South Bend, IN. 46619 Tax Key # 018 4024 0820 Rochelle Robinson 306 S Meade South Bend, IN. 46619 Tax Key # 018 4034 1204 Rochelle Robinson 306 S Meade St South Bend, IN. 46619 Tax Key # 018 4034 1206 First National Bank of America 241 E Saginaw Suite 600 East Lansing, M1.48823 Tax Kav # (l1 R 4n34 1 ~n9~1 Dewayne M Mlon 511 Shephardsway Osceola, IN. 46561 Tax Key # 018 4034 Rene Saenz 426 S Meade St South Bend, IN. 46619 Tax Key # 018 4024 0832 Andres & Patricia Ovalle 18385 Doventry Ct. South Bend, IN. 46637 Tax Key # 018 4024 0806 Raymond & Peggy Galfacher 416 S Meade South Bend, IN. 46619 Tax Key # 018 4024 0818 Diane Nicholson 2513 W Monroe South Bend, IN. 46619 Tax Key # 018 4024 0021 Linda Kay Geyer 2507 W Monroe St South Bend, IN. 46619 Tax Key # 018 4024 0823 Julio C Lara & Mariana Barrios 13711 Stabledon Dr Houston, TX. 77014 Tax Key # 018 4034 1207 Raymond & Stacie Taberski 27723 State Road 23 North Liberty, IN. 46554 Tax Key # 018 4034 1209 ANM Rentals LLC 2236 Miller Ct Mishawaka, IN. 46544 1212 Tax Key # 018 4034 1213 Richard Hollingsworth Jr. Christopher Thornton 2637 Prairie Ave South Bend, IN. 46614 Tax Kav # n1 R 4n~4 nRn4 Fred Jeter 2516 Western Avenue South Bend, IN. 46619 Tax Key # 018 4024 0807 Hector & Maricela Ontiveros 418 S Meade South Bend, IN. 46619 Tax Key # 018 4024 0819 J ~ W Properties LLC 3030 S Michigan St South Bend, IN. 46614 Tax key # 018 4024 0822 Rochelle Robinson 306 S Meade St South Bend, IN. 46619 Tax Key # 018 4034 1205 Julio Lara & Mariana Barrios 13711 Stabledon Dr Houston, TX. 77014 Tax Key # 018 4034 1208 305 Rete Land Trust 2913 Mishawaka Avenue South Bend, IN. 46615 Tax Key # 018 4034 1211 John Califano 1701 S Main South Bend, IN. 46613 Tax Key # 018 4034 1214 Jose Consuelo Daixy Torres Van Bostic 3817 W Western Ave 2617 Western Ave 718 Pennsylvania Ave South Bend, IN. 46619 South Bend, IN. 46619 Saint Louis, MO. 63130 Tax Key # 018 4034 1215 Tax Key # 018 4034 1216 Tax Key # 018 4034 1217 Daixy Torres Jose & Gracy Thottichira Darryl & Jacquelyn Simpson 2617 Western Ave 50747 Regency Pk Dr 2626 Napier St South Bend, IN. 46619 Granger, IN. 46530 South Bend, IN. 46619 Tax Key # 018 4034 1218 Tax Key # 018 4034 1219 Tax Key # 018 4034 1221 Darryl & Jacquelyn Simpson 2626 Napier St South Bend, IN. 46619 Tax Key # 018 40341223 Irvin Wrzesien 2630 W Napier St South Bend, IN. 46619 Tax Key # 018 4034 1225 Manuel &Juveral Villegas 2637 Western Ave South Bend, IN. 46619 Tax Key # 018 4034 1226 Manuel &Juveral Villegas 2637 Western Ave South Bend, IN. 46619 Tax Key # 018 4034 1231 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Area Board of Zoning Appeals of St. Joseph County, Indiana will hold a public hearing on Wednesday, the 1st day of SEPTEMBER 2010, at 1:30 p.m. in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by William C. Kolacz, Trustee of the William C. Kolacz Revocable Trust with Life Estate of 3602 South Ironwood Drive, Box 338-e, South Bend, Indiana 46614, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-03.02 (a)(2)(E) of the City of South Bend Zoning Ordinance to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Bend, Indiana 46614, per Section 21-03.02 (a)(2)(E) of the City of South Bend Zoning Ordinance, and the following Variance Request: 1). From the requirement of providing the minimum of One (1) Parking Space per Five (5) Members of the Club for a total of Three Parking Spaces (i.e. 15 Members = a minimum of 3 Parking Spaces) to providing a total of Two (2) Parking Spaces for 15 members. The property is presently zoned "MU" Mixed Use District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 2602 WESTERN AVENUE, SOUTH BEND, INDIANA 46614. Said public hearing will be held as authorized by the applicable Zoning Ordinances and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any persons desiring to oppose or support said petition will be heard at that time. AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 !~L Secretary to the Board (574) 235-9554 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 2, 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 ABZA 9/1/10 Dear Council Members: The above referenced petition of William Kolacz was legall;~ advertised on August 15, 2010. The Area Board of Zoning Appeals gave it a public hearing on September 1, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and by a vote of 5-1, the petition for Special Exception to allow a private club in a "MU" Mixed Use District, on property located at 2602 Western Ave., is sent to the Common Council with a Favorable Recommendation and with a recommendation that they provide a 20' x 40' paved parking area. 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. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah P£:'I'I'FION OF KOLACZ SPL-CIAL USE PURSUANT S.J.C. C. CHAPTER S AREA BOARD OF ZONII~'G APPEALS FINDINGS OI~ FACT 1 . THE PRPOSED SPECIAL L?SE FILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY. COMFORT. COMMUNITY MORAL STANDARDS. CONVEI~TIENCE OR GEI~TERAL WLFAFE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflictine 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. ?. THE PROPOSED SPECIAL LTSE V~'ILL NOT INJURE- OR ADVERSELY' AFFECT THE- USE OF THE- ADJACE'N'T AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the sun-oundin~ properties. 3. TIDE PROPOSED SPECIAL USE ~~'ILL BE CONSISTENT ~%ITI-I THE CHARACTER OF THL- DISTP,ICT IIV WHICH IT IS LOCATED AND THE I ANTD USL-S AUTHORIZED THERI-:IN BECAUSE: Conditions on the propei-t-~ predate the Zoning Ordinance. which creates a different condition for this propem~. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH TIDE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPP~EHENSIVE P LAN BECAUSE: It is the feelin_a of the Board that the variance is blending into the overall Comprehensive Plan and is nog deviating from its intent. CO'_~'DITIONS or REVISIONS: WITH Ti-IE RL-COMMENDATION' THAT A P.A~'ED 20' ~ GO' PARKI?~~G APtiEA BE PROVIED DECISION IT IS THEREFORE the decision of this Board that this request for SPECL~iL USE shall be passed onto the Common Council ~~~ith a: FAQ%OIZ~ BLE RECOlt~fl~Ell~DA'I'ION .ADOPTED this 1st Da~• of SEPTEMBER, ?010. ~'ES NO MICHAEL. URBANSI>I GERALD PHIPPS ROBERT HA~T~'LEY R.A.'~~DALL MATTHY"S JACK YOL7NG G JOE ~'ELLEMAN