HomeMy WebLinkAboutSpecial Exception - 900 Block of Oliver Plow CourtRESOLUTION
3875-08
Passed by the Common Council of the City of South Bend, Indiana
June 9,
Attest:
08
20
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 10, 20 08
Approved and signed by me June 12, 20 0 8
lL'~c,~s~q ~
City Clerk
..
RESOLUTION NO. 3 D ~ S~ ~
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
(900 BLOCK OF OLIVER PLOW COURT, 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 $oard 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:
(900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.)
which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50% of the proposed lot
property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South
$end, Indiana per Section 21-04-02 (2)(B)(iii) 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.
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.
Cl'~i
~-~ i
Member of the Commo ouncil
~~ ,;;=SLiJ1'ED `~' ~ ~~
NOT APPROVED p~
ADOPTEDi y (O ~ --O 4
Filed to ~;~r-c's Offiice
APR 2 ~ 2008
JOH11 `lOOADE
CRY G;,s ^Y„ *~7.-Ec{~aD_....-- ~:---
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
OS-52 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 900 BLOCK OF OLIVER PLOW COURT, 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
BOARD OF ZONING APPEALS
NO.
NOTIFIED
FILED 20
20 HEARING 20
APPEAL
Applicant's Name: THE CITY OF SOUTH BEND
Phone 235-9371
Address: 12TH FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD.,
SOUTH BEND, INDIANA 46601
Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT,
SOUTH BEND, INDIANA 46601
Present Zoning of Property: "GI" GENERAL INDUSTRIAL DISTRICT
Owner's Name: THE CITY OF SOUTH BEND
Phone 235-9371
Address: 12TH FLOOR COUNTY-CITY BUILDING, 227 WEST JEFFERSON BLVD.,
SOUTH BEND, INDIANA 46601
Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 COLrII~1ERCE 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
900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST:
A). Special Exception Request: PARCEL "A": A). Approval of a Special
Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of
South Bend Zoning Ordinance to allow for an outside storage area of
188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed
outside storage area of 140,917 square feet (i.e. 50$ of the proposed
lot property area of approximately 6.47 acres) for property located in
the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-
04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the
following Variance Requests:
VARIANCE REQUESTS: PARCEL "A":
1). A Variance from the requirement of providing a 200-foot wide Rear
Residential Bufferyard and required perimeter landscaping of one (1)
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deciduous tree at a minimum spacing of 40 feet on-center along the
Northern property line to a 0 ft. setback for a proposed storage area
and providing no landscaping;
2). A Variance from the requirement of providing a 100-foot wide Side
Residential Bufferyard and required perimeter landscaping of one (1)
deciduous tree at a minimum spacing of 40 feet on-center along the
Western property line to a 20 foot wide setback for a proposed storage
area and a Type "B" landscaping containing a double row of evergreen
trees as shown.
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 "GI" General Industrial District. The Petitioner has
been the owner of the property for the Last several years and is in the
long-term process of developing the Petition site and the adjacent
properties into an Urban Industrial Park. This was the original site for
the Oliver Plow Works. The City of South Bend acquired the property and
cleaned up the site and paved Oliver Plow Court as a Public Street
access to the new industrial sites. The Rose Ebel Company came to this
Park a few years back and presently has their facility just to the
southeast of the Petition site. The City has been working with
Underground Pipe and Value, Inc. to re-locate them from their present
site south of Sample Street on the east side of Prairie Avenue to the
property shown as Parcel "A" on the attached site plan. The Petition
property contains approximately 6.47 acres of area, and is sized for the
Underground Pipe & Valve new facility and outside storage area. As
shown, the new building will contain approximately 36,000 square foot of
floor area and will include their corporate offices as well as their
processing services. The remainder of the site will contain the parking
area for employees and clients which is along the south and east side of
the proposed new building. To the west and north of the building will be
an outside storage area for Underground Pipe and Valves inventory of
salable merchandise.
After discussions with the City Building Department staff, it was
determined that in order to develop the site as shown, a Special
Exception and a few Variances would be required to be approved. Even
though the property has an Industrial classification, a Special
Exception is required due to the amount of the property, which will be
used for outside storage of inventory product. The City's Ordinances in
the General Industrial District Limit the outside storage to 50$ of the
size of the property. As proposed, the outside storage exceeds that
amount of area by approximately 47,000 square foot. Underground Pipe and
Valve desires to remain in a downtown location, as they are centrally
located to their clientele. The City also desires to keep Underground
Pipe and Valve within the City limits, and as stated, close to their
clients. The City believes that this site works well far them, and the
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3
proposed user. This also helps to develop the Urban Industrial Park, and
may entice other Companies to this centrally located Industrial Fark.
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 from the requirement of
providing a 100-foot wide Rear Residential Bufferyard and required
perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on-center along the Northern property line to a 0 ft. setback
for a proposed storage area and providing no landscaping. The entire
north boundary of the Petition site is located along the Conrail
Railroad right-of-way, which contains several sets of rails and has a
width of approximately 160 feet. There is also a grade change between
the Petition site and the railroad right-of-way. The tracks are higher
than the site by approximately 10 feet. The Petitioner believes with the
width of the right-of-way and the use being an active rail line, the
required 100 ft. wide setback is not needed, nor is the requirement of
providing landscaping along this portion of the property. The Petitioner
would also state that they own the ground located to the northwest of
the Petition site and that it will be used as the main retention basin
for the Industrial Park. The Petitioner, as part of the development of
the Industrial Park, will be adding additional landscaping on portions
of the basin area. They would hope that the Board Members agree that
approval of this Variance request would not have an adverse impact on
any surrounding property or their values.
The last Variance request is from the requirement of providing a 100-
foot wide Side Residential Bufferyard and required perimeter landscaping
of one (1) deciduous tree at a minimum spacing of 40 feet on-center
along the Western property line to a 20-foot wide setback for a proposed
storage area and a Type "B" landscaping containing a double row of
evergreen trees as shown. The Petitioner would state that as shown, they
will be providing a 20 foot wide setback along the west boundary of the
property along with a double row of evergreen trees. The properties to
the west of the Petition site have a Zoning classification of General
Industrial, but there are a few homes located in this area. This portion
of the Petition property also contains the main storm sewer line for the
Industrial Park, which transports surface runoff created on the
Industrial Parks' lots to the retention basin shown to the northwest of
the site. This limits the amount of area that can be used for
landscaping containing evergreen or deciduous trees. As this portion of
the Petition site is to be used only for outside storage, the Petitioner
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would hope that the Board Members agree that providing the 20 ft, buffer
strip along with evergreen trees on this portion of the property would
effectively screen the outside storage area from the closest home. With
this proposed buffer, the Petitioners believe that approval of this
variance would not be detrimental to the adjacent properties.
The Petitioner believes that approval of the above Special Exception and
Variances for this proposed use will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
The Petitioner would ask the Hoard 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 penalties for perjury, that the foregoing
representations are true.
Michael J. Danch
President
Danch, Harper & Associates, Inc.
Property Owners
Within 300 Feet
City of South Bend Dept.of Rose Fuel & Materials Inc RAITT Corp.
Redevelopment 918 Oliver Plow Ct 815 W Sample St
1200 County City Building South Bend, IN. 46601 South Bend, IN. 46601
South Bend, IN. 46601 Tax Key # 018 3061 235105 Tax Key # 018 3061 235103
Tax Kav # (11R R~R1 7R.~i1
City of South Bend Dept.of Public Parks/City of South Housing Authority SB
531 S Chapin Bend 501 S Scott St
South Bend, IN. 46601 301 S St.Louis Blvd South Bend, IN. 46601
Tax Key # 018 3058 2272 South Bend, IN. 46628 Tax Key # 018 3059 2304
Tau Kav # (11R ~flr,R ~~711i1
Iglesia Misionera Emmanuel Consolidated Rail Corporation New Jersey Ind
1024 Western Ave 1528 Walnut St 22nd Flr 110 Franklin Road S.E.
South Bend, IN. 46619 Philadelphia, PA. 19102 Roanoke, VA. 24042
Tax Key # 018 3059 230701 Tax Key # 018 3059 2297 Tax Key # 018 3062 2357
Jeffrey Polanskey Mary M Rea Antonio & Terry Lopez
737 Sylvan Ln 544 Broadway St 1205 W Grace
South Bend, IN. 46619 Niles, MI. 49120 South Bend, IN. 46619
Tax Key # 018 3062 2370 Tax Key # 018 3062 2371 Tax Key # 018 3062 2378
Willie & Terence Smith Abdon Aguilar & Maria Lopez Stanley Szostakowski
1317 Lismore Ln 1208 W Grace 1202 W Grace St
Normal, IL. 61761 South Bend, IN. 46619 South Bend, IN. 46619
Tax Key # 018 3062 2379 Tax Key # 018 3062 2386 Tax Key # 018 3062 2387
Juan &Vincenta Vargas Juan &Vincenta Vargas Curtis & Patty Brown
1207 W Ford 1207 W Ford St P.O.Box 6043
South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46660
Tax Key # 018 3062 2394 Tax Key # 018 3062 2395 Tax Key # 018 3067 2546
Apolonio & Herculana Robledo Rene & Maria Pedraza Michael & Audrey Davis
1204 Ford St 711 S Arnold St 713 Arnold
South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619
Tax Key # 018 3067 2547 Tax Key # 018 3067 2548 Tax Key # 018 3067 2550
Jose Duran Jose 8~ Margaret Duran Janet Ivacic
719 S Arnold 719 S Arnold 3019 S Michigan
South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619
Tax Key # 018 3067 2552 Tax Key # 018 3067 2553 Tax Key # 018 3067 2556
caul Fujawa Paul Fujawa Mary Ann Manuszak
1121 Grace St 1121 Grace St 1117 W Grace St
South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619
fax Key # 018 3059 2316 Tax Key # 018 3059 2317 Tax Key # 018 3059 2318
Citi Mortgage Inc Successor
1111 N Pointe Dr Bldg. 4 #100
Coppell, Texas 75019
Tax Key # 018 3059 2319
Stanley & V Krol
1124 W Grace St
South Bend, IN. 46619
Tax Key # 018 3059 2322
Patricia Meller Frank Niedbala
1114 W Grace St
South Bend, IN. 46619
Tax Key # 018 3059 2325
Domingo &Diocelina Orona
614 S Arnold
South Bend, IN. 46619
Tax Key # 018 3059 2329
REO Nationwide LLC
10445 Bobbie Ln
Pilot Point, TX 76258
Tax Key# 018 3059 2332
Citi Mortgage Inc Terrance Findley
1111 N Pointe Dr. Bldg. 4 # 100 1105 W Grace
Coppell, TX. 75019 South Bend, IN. 46619
Tax Key # 018 3059 2320 Tax Key # 018 3059 2321
Paul Fujawa Pablo Alvarez Jr.
1122 Grace Street 1118 Grace St
South Bend, IN. 46619 South Bend, IN. 46619
Tax Key # 018 3059 2323 Tax Key # 018 3059 2324
City of South Bend Dept of City of South Bend Dept.of
Redevelopment Redevelopment
1200 County City Building 1200 County City Building
South Bend, IN. 46601 South Bend, IN. 46601
Tax KPV # n1R Rf1.r,G ~R~R Tax Kav # ~1R R~SG ~~~7
Domingo &Diocelina Orona Jalyn Properties
614 S Arnold P.O.Box 4
South Bend, IN. 46619 Gary,IN. 46402
Tax Key # 018 3059 2330 Tax Key # 018 3059 2331
Russ Affhalter Jr.
126 W.10th St
Mishawaka, IN. 46544
Tax Key # 018 3059 2333
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 the City of South Bend
BZA 5/15/08
Dear Council Members:
The above referenced petition of the City of South Bend 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. Kilbase, being seconded by Mr. Sassano and unanimously carried,
the petition for Special Exception to allow an outside storage area 188,000 square feet which exceeds
the allowed outside storage area of 140,917 square feet in a "GI"' General Industrial district, on property
located in the 900 block of Oliver Plow Ct., is sent to the St. 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,
Charles C. Bulot
Building Commissioner
CCB/cah
CITY OF SOUTH BEND
(outside storage)
SI'EC'].4L E~C'EPTION PURSUANT 21-09.3(D)
BOA12D OFLO1~'ING APPEALS
C'[Tl' OF SOUTI-I BEND. INDIANA
FINDINGS OF FACT
1. ~I-I-IE PIZOPGSL•D L'SE \\'ll_L NOT BL IN.IL1R10US TO TI-IE PUBLIC I~EALTH. SAFETY'. COMPORT,
CO~'INILiNITI. 1\IOR,4L STANDAP.DS. CONVENIENCE- OR GENERAL WELFARE BL-CAUSE:
De~~elopment and use as presented ~~~ill comply with all building, fire safety, traffic, and parking re~~ulations as to
not hero ~ injurious to the public health- safety. morals, and general welfare of the community.
~. '1'1-]E I'P.OPGSED L'SL- \\'1LL NOT IN.TURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
,4RL-.4 OR PROPLP."I'l" \'ALLIES THEREIN BECAUSE:
The ~~ariance or use shall improve the appearance of the neighborhood and will not devalue the sun~ounding
properties.
_ . TI-1 L- PROPOSED USE FILL BE CONSISTENT WITH THE CI-IARt1CTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND TI-IE LAND USES AUTI-IORIZED THEREIN BECAUSE:
Beim that the petition is only temporary. it gill not affect the value of the surrounding properties.
-i. TI-l i. PROPOSED t1SE 1S COMPATIBLE V1'ITH TI-]E RECOMMENDATIONS OF THE CITE' OF SOUTH
BEND C'OAIt'RE'NEhS/1 E PL.~IA' BECAUSE:
It is the feeling of die Board that the ~~ariance is blending into the overall Comprehensive Plan and is not
deriatin~~ Yi-om it's intent.
CONDITIONS OR RL-VISIONS:
DECISION
IT IS TI-IEREI=ORE the decision o1'the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Cow~cil with a:
ADOPTED this 1>TI-I Dav of MAC', ?OOS
l'ES NO
® P.ICH:\RD KILBASL-
ABSL-NT CHP~ISTOPI-1 HOFFI~IAN
® D.4\'ID SASS.4N0
® MAURICE I--IOBAN
ABSENT L-LONDA \i'ILDL-R-HAMILTON