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REGULAR MEETING July 23, 2018
<br /> Councilmember Jo M. Broden stated, I'm sorry I saw the four (4) and four (4) and was not
<br /> including the handicap toward the total. Thank you for that clarification. There is a second (2°d)
<br /> curb cut that was not clear with the original discussions. I'm fine but you had said in your remarks
<br /> that this will not be a`Buy Here,Pay Here.' Please enlighten me on that.How is that distinguished?
<br /> Mr. Feeney replied, The current image of a `Buy Here, Pay Here' car dealer is somewhat different
<br /> than a retail used auto sales establishment. A `Buy Here, Pay Here' is often seen, in my own
<br /> experience, along US-33 and Elkhart County. They advertise that you're able to buy the car and
<br /> finance it through them, all in one (1) simple operation. It has, to my understanding, a less than
<br /> savory reputation by way of the business they conduct at these locations. The type of operation
<br /> intended at this location is that if financing is available and you qualify, you get the car. It is a
<br /> commercial operation and if you want the car, you must qualify for financing.
<br /> Councilmember Jo M. Broden then asked, And what is the primary difference between Light
<br /> Business and Commercial and its appropriateness within that line of business? I'm trying to get at
<br /> adjacent and complimentary uses.
<br /> Mr. Feeney replied, What I'm stressing in this particular instance is the presence of light industrial
<br /> right across the alley to the West. Mixed Use and Local Business is also on the East Side of
<br /> Michigan Street. The Local Business and Community Business zonings are a transitional type of
<br /> zoning between the two (2) uses.
<br /> Councilmember Jo M. Broden stated, Your earlier presentation got at that so thank you for
<br /> repeating that. It would appear to be an argument that is talking about complimentary uses East
<br /> and West. But my specific question is, complementary uses or not, North to South on that block
<br /> or from West to East?
<br /> Mr. Feeney replied, The CB zoning on the northwest corner of Indiana and Michigan Street is a
<br /> used car lot. The LB zoning immediately south of there is a former used car lot. The property in
<br /> question is the Bonnie Doon former site. The property immediately south is the Family Dollar and
<br /> South of that is a pizza place.
<br /> Councilmember Jo M. Broden asked,Who could,perhaps,answer for us these questions?Because
<br /> one(1)of our criteria is taking into consideration the comprehensive plan. Some of these,including
<br /> the one (1) on the corner, are grandfathered uses, correct?
<br /> Mr. Feeney replied, That is correct, in fact, many of them are.
<br /> Councilmember Jo M. Broden followed up, In APC's or DCI's evaluation of this, what other
<br /> properties are grandfathered?
<br /> Mr. Wyatt replied, I haven't really been here long enough to answer that question.
<br /> Larry Magliozzi, Director of the Area Plan Commission with offices on the 11th floor of the
<br /> County-City Building, South Bend, IN, replied, We didn't really look at, specifically, what uses
<br /> were and weren't grandfathered. It is a fairly long stretch of a commercial corridor and it has been
<br /> developing for decades. I imagine there are several non-conforming uses, especially talking about
<br /> these used car lots. We don't look at it property by property. We only operate under the current
<br /> comprehensive and neighborhood plans for the area.
<br /> Councilmember Jo M. Broden interjected, And within those plans, the future land use plan does
<br /> identify this area to be Mixed-Use?
<br /> Mr. Wyatt replied, That is correct.
<br /> Councilmember Jo M. Broden followed up, Ok so we are not relying on the Southeast
<br /> Neighborhood Plan that has not been approved, that was specific from the Comprehensive Plan?
<br /> Mr. Wyatt replied, Yes, our recommendation is based on those five (5) criteria as well as the
<br /> comments from DCI.
<br /> Councilmember Jo M. Broden stated, So from a smart planning perspective, you could obviously
<br /> look west from this property and view this as a buffer to the neighborhood to the East. You could
<br /> look north and south and argue consistency for it to stay in its current use. Is there any rule of
<br /> 5
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