Zoning - Special Exception 3801 W Western Ave

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ww's"', JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W,)EFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571 April 17, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Jose Luis Consuelo to zone from MU Mixed Use District to CB Community Business District; and seeking a Special Exception Use for automobile sales and service, property located at 3801 W. Western Avenue, City of South Bend - APC# 2668 -13 Dear Council Members: I hereby Certify that the above referenced ordinance of Jose Luis Consuelo was legally advertised on Thursday, April 04, 2013 and that the Area Plan Commission at its public hearing on Tuesday, April 16, 2013 took the following action: Upon a motion by Oliver Davis, being seconded by Michael Mecham and carried, the Special Exception Use for automobile sales and service was sent to the Common Council with a favorable recommendation subject to a Written Commitment that Jose Luis Consuelo agrees that this Special Exception Use for automobile sales and service for the property located at 3801 W. Western Avenue, South Bend, Indiana is valid only so long as Jose Luis Consuelo owns and operates the automobile sales and service facility. At such time as Jose Luis Consuelo no longer owns and operates the automobile sales and service facility, the new owner would have to re -file for a Special Exception Use in order to operate an automobile sales and service facility. The site plan and the requested variances, as amended, will help to ensure that the redevelopment of this site sustains a successful business and protects the adjacent residential neighborhood. Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of Jose Luis Consuelo to zone from MU Mixed Use District to CB Community Business District, property located at 3801 W. Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. Western Avenue is a heavily traveled east/west commercial corridor, providing business opportunities for new and established businesses. The appropriate expansion of this business will relieve Chicago Street from being used as a parking area, and add much needed buffering between the business and the neighborhood. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, �• ohn W. Byorni Attachment f CC Jose Luis Consuelo !2 JA a, °�J SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND roves . stiosephcountyindiana .com /Areaplan