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Home My WebLink AboutSpecial Exception - 121 Garst StreetRESOLUTION 3874-08 Passed by the Common Council of the City of South Bend, Indiana June 9, Attest: c City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 10, Approved and signed by me June 12, 08 20 20 08 20 0 8 City Clerk RESOLUTION NO. 3 g ~`~-o g 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 121 Garst Street South Bend, IN 46601 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 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: 121 Garst Street South Bend, IN 46601 in order to permit Special Exception Use for Food Sales and Service 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; 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 jo on Council ~'RESEN7ED ~o ~-~ d NOT APPROVED f1DOPTED ~ -~-~~ Fil d nln, Cler6c's Ofifice APR 2 3 2008 JOHN VSOOR6~ D, IN. Cm( CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-51 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 121 GARST 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. Derek D. Dieter Chairperson. Committee of the Whole ~, 3GA1cD Or ZONING APPEA~,S Or ,THE CITY OF SOUTH BEND PETITION Ap PLICANT'S NAME ADORES S REAL SERVICES, Inc. 1151 South Michigan Street ADDRESS OF PROPERTY PRESENT ZONING OF PROPERTY LI Light Industrial District REAL SERVICES, Inc. OGINER'S NAME _ PHONE 574/233.8205 ADDRESS 1151 South Michigan Streeter South Bend, TN 4ti601 William R, Lamie PHONE 574/288.6626 COUNSEL OR CONSULTANT ADDRESS 922 East Wayne. Street, South Bend, IN 46617 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a Special Exception Use,- for Food Sales and Services Seeking a Variance - from the required 5.5 parking spaces to a combination of 4 on-site and 29 off-site parking spaces - Seeking a Variance - from the required front yard setback of thirty (30) _ feet to two (2) feet eictht (8) inches Seeking a Variance - from the required perimeter and parking landscaping as indicated, Seeking a Variance - from the required clear site area of twenty-five (25) feet away from the intersection of Gar:st and Main Street ROW lines as indicatedT -~, -~V~C CS J tPP`I Seeking a Variance - from the required twenty-five (25) feet front yard for parking along Garst Street to three (3) feet_five (5) inches. I attest under the penalties for perjury, that the foregoing r~presentat?ons are true. 121 Garst Street PHONE 574/233.8205 REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: 1. I, Rebecca Zaseck, am the President and C.E.O. of REAL Services, Inc., the owner of the following described real estate located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 5 as shown on recorded Plat of Studebaker Corridor 4th Minor Subdivision. 121 Garst Street, South Bend, Indiana Property Key: 18-8001-0036 2. Appellant wishes to reuse and renovate the existing vacant building into the new location for The Regional Kitchen for Independent Living (Meals on Wheelsj. The existing site and building were developed in 1996 as "D" Light Industrial, and would not meet the Development Standards of the current "LI" Light Industrial. Planned new improvements for a new south-facing vestibule entry and a corner monument sign facing Garst and Main Streets, will be constructed in the current existing locations of existing similar structures. Off-site parking will allow the necessary parking for both the staff and volunteers. Existing off-street parking (4-spaces) will remain as originally constructed. In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disabled Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-4-918.4: i The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the building renovation will allow a food service program to continue to serve the under served. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacant underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located near the Michigan Street Gateway and on the south edge of the Central Development Area, the vacant underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. Reb ca Zas ck, Presi nt/ C.E.O. REAL Servic s, Inc. 1 PROPERTY OWNERS WITHIN 300' OF KEY #18-8001-0036 18-8001-003301 18-8001-004701 18-8001-0034 18-8001-0035 CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St South Bend IN 4660] 18-8001-0044 18-8001-0049 18-8001-0045 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg. South Bend ]N 46601 18-8003-0152 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan South Bend IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDINE_L 58263 Pear Rd South Bend IN 46619 18-8003-0119 M&K ASSOC PO Box 1505 South Bend IN 46634 18-8003-0128 18-8003-0132 18-8003-0134 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-8003-0147 SOUTH BEND FIREFIGHTERS FEDERAL CREDIT U 1122 S Main St South Bend IN 46601 18-8003=0150 REAL SERVICES HOUSING INC P.O. Box I8351 South Bend IN 46634 18-8001-0021 18-8001-0017 RICHARD BOOCHER 2425 W Western Av South Bend IN 46619 18-8001-0024 1011 LLC 2903 York South Bend IN 46614 18-8001-001701 KAR LLC Po Box 935 South Bend IN 46624 I8-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St South Bend IN 46601 18-8001-0036 REAL SERVICES INC 1024 S Main S South Bend IN 46601 18-8001-004901 FRICK LLC 3907 S Michigan South Bend IN 46614 18-7003-010202 ST JOSEPH COUNTY 7th Fl County City Building South Bend IN 46601 18-8001-0031 ARCHIVE SERVICES L L C P O Box 4221 South Bend IN 46634 18-8001-0010 MCCUNE JAMES & SANDRA 2421 Bay Pointe Dr Saint Joseph MI 49085 ~ _ 6. {"x.18 8001 00 Ii . ~.i4~ ~,, r ~"~, s ~ g E . .._- ~ .,` ~•• ~' 1 ~C~ ~~~;:. ~ -~'=1'8~ 001-0022 , I ~ ~ •i:r,~) ~ ~sooroo;l~oi .~ ~.~~~ s ~~ M ~ ~r 1 ;l~ il~~J ~~~~~ 1 ~Oill ~ 1 "~~ -g ~1 =8001'0006 .. ~' ~ ~,~.~,~-y1~' q ' °6fi .-...~-. ,t ~ ~:z 1 C it 3.1=0023f t _ _ r ~ i ~ ri It '!i i t ~ ~ - , ~- *~~ - _ `~4 ;18 8001'001ri~w~ ~ ~ ti> ~ ~ - 1 , ! i ~-t`- ~ 1-~--.±~'~..$-~ -~.--~ _ rr I}" ,, '+'ti?: ,. t ~r ~ '- r...,. .. t6~ ,,; 'i ~~~R ~ ~ - ~i fl lC ,~ .~ ;: r _ C ~ ~~ T.. fi -~ r' F ~~ i ~~ ~ F ~~~ Pik ~' : `k ~,.. - _~ _~~, ~ ~~"~~ `1~ _ ~ -.~ ~ d ~~ -~ - .. 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Reproduction of this material is not possible without written permission of Sl. Joseph County, Indiana. N Printed April 18, 2008 Photography:Spring 2006 Prepared by: Raytene Stugfik W ESt. Joseph County Auditors Office 227 W. Jefferson Blvd. ' South Bend, Indiana 46601 Phone: (574) 235.9463 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 May 16, 2008 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 Real Services, Inc. BZA 5/15/08 Dear Council Members: The above referenced petition of Real Services, Inc. was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, 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 Real Services, Inc. for food sales and service in a "LI" Light Industrial district, on property located at 121 Garst Street, zoned "Mixed Use" 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. Sincere Charles C. Bulot Interim Building Commissioner CCB/cah REAL SERVICES (1 31 Ciarst) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPL-ALS C1Tl' OF SOUTH 13END, INDIANA FINDINGS OF FACT 1. TI-lE PROF'OSL=D L'SG \-\'ILI_ NOT BE IN.TURIOUS TO TIIE PUBLIC IIEALTI-I. SAFETY, COMFORT. CONINIL?NI"1'l' NIOP..AL STANDARDS. CON\'ENIL-NCE OR GENERAL WELFARE BECAUSE: Deg elopment and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not bein~_ injurious to the public health, safety. morals. and general welfare of the community. ~. TI-1E PP.OPOSL-D U.SE y\'ILL NOT IN.TURL- OR ADVERSELY AFFECT THE L/SE OF THE AD.TACENT AREA OR PROI'ERTI' \'.ALUES "1'1-IEP.EIN BECAUSE: .The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. :. TI-IE PROPOSED USE \VILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT TN WHICH IT 1S LOCA"I'ED AND TI-]L- LAND USES .AUTI-IORIZED TI-IEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. "1'1-1L PROPOSED USL= IS CON1I'ATIBLL- \~1'ITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C'0:4-/PREHE,'\'SII'E PL.-I1\" BL-CALISE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatine fi-om its intent. CONDITIONS OR P~L-~'ISIONS: DECISION IT IS THEREFORE the decision of"the Board that this request for Special Exception shall be passed onto the City of South Bend Conui~on Council ~~•ith a: Fa.VOR.4I3LE RECOMMENDATION ADOPTED this 15TH Dav of MAl". 3005 l"ES NO ® RICHARD KILBASE ABSENT CHRISTOPH HOFFNIAN ® DAVID SASSANO ® MAURICE HOBAN ABSENT ELONDA \VILDER-I-IAMILTON