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HomeMy WebLinkAboutSpecial Exception - 3636 Gagnon St. - B & J Industry, IncRESOLUTION 3649-06 Passed by the Common Council of the City of South Bend, Indiana October 9, 20 06 Attest: Presented by me to the Mayor of the City of South Bend, Indiana October 10, 20 06 City Clerk President of Common Council Approved and signed by me October i0, 20 06 ~~ City Clerk ~Ya' RESOLUTION NO. J ~~ \~~~ A RESOLUTION OF THE COMMON COUNCH. OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (3636 GAGNON STREET, 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 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: (3636 GAGNON STREET, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for an outside storage area of 84,975 square feet which exceeds the maximum allowed outside storage area of 4,540 square feet (i.e. 20% of the existing building area) for property located at 3636 Gagnon Street, South Bend, Indiana per Section 21-04-O1 (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 South Bend Board of Zoning Appeals, 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 azea 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 Boazd 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. ~ ~~ l iv~ Member of the Co on Council PRESENTED L O '~t,-O~O NOT APPROVED ~'il~d In Cl~rlc'~ ®~fl~e AU G 2 8 2006 JO;iN VOORDE CITY CLERK, S0.6END, IN. ADOPTED ~ Q -~-C~~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-102 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 3636 GAGNON STREET, 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. Roland Kelly Chairperson ~-~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Land Surveyors Professional Engineers Landscape Architects ^ Land Planners Honorable Members of the City of August 28, 2006 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for B & J Industry, Inc. for property located at 3636 Gagnon Street South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 3636 Gagnon Street, 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 Airport Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ~- Michael J. Danch President Danch, Harner & Associates, Inc. File # 060178 Md. "C" F4o~a i ci G~~~~°5 ~~~ce AUG 2 8 2006 aot~ra ~~so.P~ ~~a, ita. cmr c~.~+~~, 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 269/471-7237 y BOARD OF ZONING APPEALS NO. NOTIFIED FILED , 20 20 HEARING 20 APPEAL Applicant's Name: B & J INDUSTRIES, INC. Phone 232-6077 Address: 3636 GAGNON STREET, SOUTH BEND, INDIANA 46628 Address of Property: 3636 GAGNON STREET, SOUTH BEND, INDIANA 46628 Present Zoning of Property: "LI" LIGHT INDUSTRIAL DISTRICT Owner's Name: B & J INDUSTRRES, INC. Phone 232-6077 Address: 3636 GAGNON STREET, SOUTH BEND, INDIANA 46628 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COrM~RCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 3636 GAGNON STREET, 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 84,975 square feet which exceeds the maximum allowed outside storage area of 4,540 square feet (i.e. 20$ of the existing building area) for property located at 3636 Gagnon Street, 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). From the requirement of providing 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 screening and landscaping along the North, West and South property lines, to using the existing vegetation as screening and landscaping along the West property line and to using an evergreen screen and a berm along the East property line running from Gagnon Street on the south to the North property line. Property is presently zoned "LI" Light Industrial District. 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 "LI" Light Industrial District. The Petitioner has been the owner of the property for the last several years. When the property was purchased, the zoning of the property was "D" Light Industrial. The original zoning of the property allowed for outside storage and required very limited landscaping. The Petitioner provides services for their clients, which includes processing of steel rods into truck axles and related parts for the automotive industry. The Petitioners main client and user of said automotive parts is the Eaton Corporation, which is located adjacent to and West of the petition site. There is a driveway on the West side of the petition site, which connects to the Eaton Corporation property. Due to the volatile nature of the automotive industry, inventory of materials required for processing, can vary greatly from month to month or quarter to quarter of a calendar year. Due to this fluctuation, the Petitioner desires to have the ability to store materials on-site that is used for processing. Over the past several years they have been doing this, but due to the change in the City's Zoning Ordinance for Industrial sites, there have been restrictions placed on industrial properties. More specifically, outside storage has been limited to 20~k of the size of the existing structures located on the property. There are also landscaping requirements for screening such areas. In order to meet there clients needs, the Petitioner desires to have the ability to increase the area of their site that can have outside storage. The attached site plan shows the areas of the property to be used for said storage. For the past several years, the Petitioner has been using approximately 35,000 square feet of the site for outside storage. They would like to increase this outside storage area to 84,975 square feet. Based on the New Industrial development standards, the Petitioner would only be allowed to use 4,540 square feet of their property for outside storage without the approval of a Special Exception. This is based on the existing building size of 22,700 square feet. As stated above, the Petitioner understands that in order to allow for the additional requested outside storage area, a Special Exception is required. There would also be Variances required for flexibility in 3 screening of said storage areas and the use of gravel instead of pavement. In regards to the Special Exception to allow for more outside storage areas, the Petitioner would state that in order to meet their clients needs and their delivery schedules, they are asking for approval of additional outside storage areas covering up to 84,975 square feet of the site. This will allow the Petitioner to compete effectively in a very competitive market and will hopefully allow for a larger presence in the automotive industry. The site is located in a well-established industrial park that contains several types of uses, many of which have varying sized areas of outside storage for materials. The Petitioner 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 Petitioner is requesting, is to be allowed to use a gravel surface for the shown outside storage areas and adjacent drives instead of pavement. The Petitioner 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. The Petitioner has been using gravel for a large portion of the existing outside storage areas 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 allows keeps any excessive costs from being passed on to the end product user. The Petitioner would state the in the areas of the main drives and parking areas, they have paved those portions which are visible from the public street frontage. The Petitioner 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 is from the requirement of providing 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 screening and landscaping along the North, West and South property lines, to using the existing vegetation as screening and landscaping along the West property line and to using an evergreen screen and a berm along the East property line 4 running from Gagnon Street on the south to the North property line. The Petitioners would ask to be not required to provide perimeter landscaping of one deciduous tree at a minimum spacing of 40 feet on- center along the East, North, West and South property lines. The Petitioner would state that there has been no such landscaping since they have owned the property and that approval of this Variance would not have a detrimental affect on surrounding properties. They plan to keep the existing trees and vegetation that are presently on-site. Most of this landscaping is on the West side of the site with some along the Southwest side as well. The Petitioner would note that along the North property line there is an existing building that has a fagade with no windows and only two steel doors. They do not believe landscaping or screening would have an impact in this area, that would be of benefit to this adjacent owner. The Petitioner would state that in order to create a buffer along the North portion of their East property line, where a major portion of the outside storage will be located, they are planning to create an evergreen screen on a small berm. This should create an effective buffer between the proposed storage area and the adjacent property owner to the East. The Petitioner would hope that this new landscaping meets the intent of the ordinance and that approval of this Variance would not have a detrimental affect on surrounding properties. The Petitioner believes 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 Petitioner 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. 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 pens ies for perjury, that the foregoing representati ar rue Michael J. Danc _ President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet B 8~ J Industries Ina City of South Bend 3636 Gagnon Road 1200 County City Building South Bend, IN. 46628 South Bend, IN: 46601 Tax Key # 025 1010 038507 Tax Key # 025 1010 038501 Eaton Corporation Calumet National Bank of Hammond Edison Center 321 E Highland Avenue Cleveland, OH. 44114 Naperville, IL. 60540 Tax Key # 0251010 038401 Tax Key # 025 1010 038513 Linda B Young Colbert Packaging Associates LLC P.O.Box 8064 28355 N Bradley Rd South Bend, IN. 46660 Lake Forest, IL. 60045 Tax Key # 0251010 038510 Tax Key # 025 1010 038519 Iron Workers Local # 292 Norma & Ross Stancati 3515 Boland Dr William & Janet Lambright South Bend, IN. 46628 3606 Gagnon Tax Key # 0251010 038601 South Bend, IN. 46628 Tax Key ~t nos ~n~n nsRS~n Michael ~ Tammi Meyer Council for the Retarded of St.Joe 23755 Kem Road County South Bend, IN. 46614 1235 N Eddy St Tax Key # 025 1010 038508 South Bend, IN. 46615 Tax Ke, y # 0251010 Q38502 Charles Hayes 814 Marietta South Bend, IN. 46601 Tax Key # 025 1010 0383 Dennis Properties LLC P.O. Box 3908 South Bend, IN. 46619 Tax Key # 025 1010 038506 JSL Holdings LLC 26220 CR 46 Nappanee, IN. 46550 Tax Key # 025 1010 038602 James & Susan Gray 3605 W Gagnon South Bend, IN. 46628 Tax Key # 025 1010 038509 I hereby certify that the aforesaid persons are owners of all adjacent property, which may be affected by the granting of this appeal. Michael J. D President Danch, Harner & Associates, Inc. r" NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana will hold a public hearing in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 21ST day of SEPTEMBER, 2006, at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by B & J Industries, Inc. of 3636 Gagnon Street, South Bend, Indiana, 46628, seeking the following: 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 84,975 square feet which exceeds the maximum allowed outside storage area of 4,540 square feet (i.e. 20~ of the existing building area) for property located at 3636 Gagnon Street, South Bend, Indiana per Section 21-04-01 (2) (e) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PAR(!F.T. ~~Aii- 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). From the requirement of providing 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 screening and landscaping along the North, West and South property lines, to using the existing vegetation as screening and landscaping along the West property line and to using an evergreen screen and a berm along the East property line running from Gagnon Street on the south to the North property line. Property is presently zoned "LI" Light Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 3636 Gagnon Street, South Bend Indiana 46628, AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF " SCHNEE-MOREHEAD MINOR SUBDIVISION " AS RECORDED BY DOCUMENT NO. 9506774 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 9.Q.t~ACRES MORE OR LESS. r r ~, 2 SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Dated this 28TH day of AUGUST, 2006. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South Bend Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, the first publication being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of the public hearing.) BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 22, 2006 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 9/21/06 The petition of B & J Industries, Inc. seeking a Special Exception to allow for an outside storage area from the maximum allowable 4,540 sq. ft. to 84,975 sq.ft. Dear Council Members: The above referenced petition of B & J Industries was legally advertised on September 7, 2006. The Board of Zoning Appeals gave it a public hearing on September 21, 2006, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoban and unanimously carried, the petition for Special Exception to allow for an outside storage area from the maximum allowable 4,540 sq. ft. to 84,975 sq.ft., on property located at 3636 Gagnon Street, is sent to the Common Council 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. .O. Building Commissioner DFF/cah B 8z J INDUSTRIES (Outside storage area) 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 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 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 will not blend into the overall Comprehensive Plan and may be 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 21st Day of September, 2006. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MALTRICE HOBAN ABSENT ELONDA WII.DER-HAMII..TON