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Home My WebLink AboutSpecial Exception - 212, 214, 214 1/2 and 216 S. Michigan St RESOLUTION 4236-13 Passed by the Common Council of the City of South Bend, Indiana January 28, 13 2Q----- Attest: .. s — City Clerk Attest -� �.=� • �� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, 20 13 City Clerk Approved and signed by me ) �'�PI 29 20 /3 Mayor RESOLUTION NO. 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 212, 214, 214 % and 216 S. MICHIGAN STREET 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 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: 212, 214,214 1/2 and 216 S. Michigan St. in order to permit a special exception use to manufacture Food Products in a"CBD"District. 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, 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 Area 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. Qs ) ■ l , , i vii Member of the ommon Council Filed in Clerk' Offic Z012 � 4 I'M Y^. Z012 PRESENTEO1 JOHN NOT APPROVE CITY CLERK,SCUTS END,IN i1()OPTED .� / .. .. .._ T Area Board of Zoning Appeals 11/6/2012 Dear Sir or Madam, I,Andrew Elegante, in my capacity as General Manager do hereby request a Special Use/Exemption variance for the State Theater and its associated store fronts.The property lies in Portage Township in the CBD(Central Business District)and is zoned as such.The exemption is requested for the manufacturing of food products as defined in Section 21-03.06 of the St Joseph County Zoning Ordinances code. Please refer to (a) Primary Uses, (2) Special Exception Uses, (B) Manufacturing Retailers. We would like to establish a brewpub with an on-premise brewery in the former State Theater and associated storefront at the address of 216 S Michigan Street. We will be brewing beer in small batches of 1 barrel (31 US Gallons)with annual production in the 600-1000 barrel range. Additionally we have long term plans to produce wine and sodas on-site. Brewing of beer requires a Brewer's Permit while the making of wine requires a Vintner's permit, each of which will be obtained separately. No special permit is required for the making of sodas. The only physical change required for this is venting to the alley side,some of which is existing. I would like to address the requirements of the Standards for Special Exceptions(I.C. 36-7-4-918.4)with the following. (I) South Bend has a long and proud history of brewing, beginning with Drewery's in 1853 and continuing today with the Four Horsemen brewery located in the Monroe Park neighborhood. Our endeavor seeks to continue that legacy as part of an overall plan to revitalize the currently vacant State Theater property by incorporating a brewpub which sells on-site brewed beverages along with foodstuffs. Brewpubs have a long tradition of helping to draw communities closer together as a place to connect with friends and strangers over a high quality, locally produced beverage. As such they do not represent a threat to public health,safety,comfort, moral standards, convenience or I general welfare. On the contrary our business can contribute positively to these things by encouraging the growth of a strong and sound community. (ii) Because the brewing operations will take place in basement spaces and the only significant physical change required is the addition of exterior venting,some of which is already present,there should be no negative impacts on adjacent areas or their property values. Our hope is to actually improve the values by drawing more people to the area and making the southern part of Michigan St more attractive to a variety of businesses. (iii) Urban revitalization is taking place all over the country and local craft breweries are a big part of that trend across the country but also here in Indiana. There are several breweries that have been put into historical structures such as the State Theater which are listed below. Brewing is part of the historical fabric of the city of South Bend and compliments other food production activities such as those undertaken at Dainty Maid. There are several locations nearby the Theater that serve alcohol including Club Fever, Backstage Grill, Os Pub and,soon, Chicory Café. '7• Barley Island, Noblesville • Great Crescent,Aurora • Crown Brewing,Crown Point • Lafayette Brewing Co, Lafayette • Mad Anthony's Taproom,Auburn • Shoreline Brewery, Michigan City • Main Street Brewing Co., Evansville • Power House,Columbus (iv) Our intent for the brewpub and the theater in general, is to make this a very community oriented business that can contribute to the community building portion of the South Bend City Plan of 2007. In specific,we feel we can help meet objectives CB 2.3 (Facilitate Cooperation),CB 2.5(Employ Racially&Culturally diverse workforce), and CB 1.3 (Promote Volunteering). Already we have reached out to a variety of communities(Hispanic,African American, IUSB students)to get them involved in the theater redevelopment process as well as connecting with community organizations such as The Music Village which are strategic fits.An endeavor such as ours can help with Economic Development goals, especially ED 1.2 (Reuse of underutilized structures) and ED 2.3 (Manufacturing opportunities).The brewpub, which can generate significant cash,will make it far easier to rehabilitate the State Theater property than would otherwise be possible. Overall we feel that this special use fits nicely into the city plan and is highly supported by DTSB. See below for detailed information on the petitioner,property owner,and property location Petitioner Andrew Elegante Property Owner Assaf Dagan 128 S Scott St Apt 6 Banko Capital South Bend, IN 46601 106 N Main St 801-209-2987 Mishawaka, IN 46544 574-247-1760 Property Location 212 S Michigan St 214 S Michigan St 214%S Michigan St 216 S Michigan St South Bend, IN 46601 If you have any questions, comments or concerns, please do not hesitate to contact me. Sincerely, Andrew legante General Manager,State Theater • 'w C W`p C WI'•N O N N Ili H C: • �,.,..,osEPZi p,,,, 1'0.V c - dOTC ctO No 15(3 TY•""..,.,f _�yyi''gq w m o' v4-. U N Si t 1�. f S .. .3.A�_'.'. .a2•a U O aN y tO a S y dd O O fn 13 le.. . — i iit; II J b N zy� L: r O�a RN�N. — a°104a'4° ig2t o' 'Ah p o a rn 40 • • i A r- -6.80£-840 ti' 88D£810 `�'t 4:.� . yfy t '' :.._I.tr ..,.,../...t.::::::1. S ydasor lS �,� i x ' :F.�. m?. pM.Oy ,al. 4 ;�.. I R it O Tk aJ an2iaa 01800 -�-- : �o _ t '$ ! Mih/ �1_ ,.1.s,, a �w v g o >, • o . »i• ZOO c o M a. 1 .Q p - i' e £00£ 810 .. Q] V .. t� U rfy _ M O ... . .e.,,,- M. xl'' .r• co. O „ 0 'M ! .4.'4- 1. +' M O ee O a0 , i O M fir y ` des _ ,. ��- '� • 11 gI • y +r ! r+l� — MO ' /1110 #{ C'it-i11i$€f1 .si 4 • „. .., : i? .,, [8 Ilitf, P. 8 , . .—. ..•9 ^L. � 1 `A .. - ♦i. ji, t ��. -1,4, � SK r:F e 1>f rix(" 4 r ' i":2 _. °.,,lr T nr�rxsm N .S ' m 7:::75"' ,1 ,a`x _ O N. " • x F°. �. _ ; .o orb - r k ..K• row` . - Or I (!) 4 t.. o q c O a ss' "+* r.: m ... ... r M N`. P. Ni.::....--- 4 s.: ' $UZ '... . •"� a { O'A'T. • Y' - j1e OIiN - - '_ern i• .+ MjN ,�' =2,0 - ,•lam)♦ wgt 1 co O � - w��! 4 .371&:. ..- - _ , ,i ."- ". I �s l]?x9!1 897.0 L00€:8 L0 y _. °L00£-860 800£810 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6, 2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Andrew Elegante ABZA 12/5/12 Dear Council Members: The above referenced petition of Andrew Elegante was legally advertised on November 22, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5, 2012 at which time the following action was taken: Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously carried,the petition for Special Exception to allow manufacturing of food products in a "CBD" District, on property located at 212, 214, 214 '/z and 216 S. Michigan St., is sent to the Common Council with a Favorable Recommendation. 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 SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS ELEGANTE 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 is blending into the overall Comprehensive Plan and is not deviating from it's 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH