HomeMy WebLinkAboutSpecial Exception - 1020 Webster StAttest:
RESOLUTION
4305 -13
Passed by the Common Council of the City of South Bend, Indiana
December 9,
13
20.
Presented by me to the Mayor of the City of South Bend, Indiana
December 10, 20 13
Approved and signed by me f C/1-to f r_.
City Clerk
President of Common Council
to 20—L3
City Clerk
RESOLUTION NO. � 3 �L (..J
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA
FOR THE PROPERTY LOCATED AT
1020 WEBSTER STREET, 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 Area Board of Zoning Appeals for approval
or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Area 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 Area Board of
Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the
properties located at:
(1020 WEBSTER STREET, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for the operation of a Resource Recovery facility /Transfer
Station for property located at 1020 Webster Street in South Bend, Indiana per Section 21 -04.02
(A)(2)(B)(D) 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 Area Board of Zoning Appeals, a copy of which is on file in the Office of the
City Clerk.
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SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed uses will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values
therein;
3. The proposed uses will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4. The proposed uses are 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
and approval by the Mayor.
✓RESENTED [iA -0
NOT APPPOVFiS
ADOPTED l Z- (-�3
1C`VETNIj �
Filed In 71ffice
WYCLk K, *,-,j BEND, IN
NO.
NOTIFIED
AREA BOARD OF ZONING APPEALS
OF
ST. JOSEPH COUNTY, INDIANA
FILED , 20_
20 HEARING , 20
APPEAL
Applicant's Name: Webster St. Holdings, LLC, Attn: Mr. Bill Kyle
Phone 231 -9844
Address: 829 .Opal Drive, Valparaiso, Indiana 46383
Address of Property: 1020 Webster Street, South Bend,
Indiana 46619
Present Zoning of Properties: "GI" General Industrial District
Owner's Name: Webster St. Holdings, LLC, Attn: Mr. Bill Kyle
Phone 231 -9844
Address: 829 Opal Drive, Valparaiso, Indiana 46383
Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234 -4003
Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE AREA BOARD OF ZONING APPEALS OF
ST. JOSEPH COUNTY, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
1020 Webster Street. South Bend, Indiana 46619
NATURE OF APPEAL:
REQUESTED SPECIAL EXCEPTION AND VARIANCES:
PARCEL "A" Zoned "GI" General Industrial:
SPECIAL EXCEPTION REQUEST:
1) . Approval of a Special Exception to allow for the operation of a
Resource Recovery facility /Transfer Station for property located at 1020
Webster Street in South Bend, Indiana per Section 21 -04.02 (A)(2)(B)(D)
of the City of South Bend Zoning Ordinance.
VARIANCE REQUESTS:
1) . A Variance from the requirement of providing required perimeter
landscaping of one (1) deciduous tree at a minimum spacing of 40 feet
on- center along the North, East, West and South property lines to
providing no perimeter landscaping;
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2). A Variance from the minimum required 150 feet of frontage along an
improved dedicated right -of -way to a minimum of 80 feet more or less
along the existing brick pavement of Webster Street as shown;
3). A Variance from the requirement of providing a paved outside storage
area, paved parking spaces and paved driveways and maneuvering areas to
existing gravel outside storage area, parking spaces and driveway and
maneuvering areas as shown;
4). A Variance from the required Fencing containing 30% open space or
greater and supplemented with Screening of outdoor storage areas
consisting of Type "C": Full Screening along the North, East, South and
West property lines to using existing and proposed minimum 6 ft. high
chain link fencing on said property lines as shown.
5). A Variance from providing a 6 foot wide landscape bed and
landscaping for the West building fagade along Webster Street to
providing no additional landscaping;
6). A Variance to allow for outside storage to be located in the front -
yard setback along Webster Street to a minimum of 10 feet to the front
property line as shown;
The Petitioners are the owners 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.
When the Petitioners purchased the property it was being used as a
trucking repair facility. The Petitioners are at a point where they
would like to make some minor renovation to the existing buildings and
begin to operate a Resource Recycling facility /Transfer Station and have
a location that allows them to store their trash containers.
The proposed Resource Recovery facility /Transfer Station would use
the existing buildings and the areas to the northeast of the existing
buildings and the south part of the site would be used for outside
storage. They plan to add fencing along those portions of the perimeter
of the property to tie to the existing fencing to secure the property.
The transfer of recyclable materials will occur in the existing building
located along the east side of the site. There would be no storage of
recyclable materials outside exposed to the elements. Also, there would
be no processing of any recyclable materials on the property. All
materials would be transferred from one truck to another within the east
building. The Petitioners plan to add a weigh station north of the
existing main building. The main building will house the offices for the
facility.
Through discussions with the Area Plan Commission staff and the
Building Department staff, it was determined that in order to place a
Resource Recovery facility/ Transfer Station on the site as proposed, a
Special Exception and a few Variances would be required.
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The first portion of this Petition concerns the request to ask for
approval of a Special Exception to allow for the operation of a Resource
Recovery facility /Transfer Station for property located at 1020 Webster
Street in South Bend, Indiana per Section 21 -04.02 (A)(2)(B)(D) of the
City of South Bend Zoning Ordinance. The property is presently zoned
"GI" General Industrial, but the Ordinance requires approval of a
Special Exception to operate a Resource Recovery facility /Transfer
Station. This site is located in the middle of an old industrial area
within the City limits. The site is surrounded by a variety of
industrial operations, from junk yards, storage areas for various types
of building materials and storage of heavy -duty construction vehicles.
The Petitioners would state that this site is centrally located for
their operations. It allows for their collection trucks to bring filled
trash containers of materials to be emptied and then placed in larger
trucks which will transfer the materials to various facilities for
either recycling or placement in a landfill site. This type of use
appears to fit well with the existing surrounding industrial operations.
The Petitioners would ask the Board Members to agree that approval
of the Special Exception to allow for a Resource Recovery
facility /Transfer Station, 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 uses will be consistent
with the character of the district in which they are located and the
land uses authorized therein, and that the proposed uses are 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 site, the following Variances are also being
requested to be approved.
The first Variance request is from the requirement of providing
perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on- center along the North, East, West and South property lines
to providing no perimeter landscaping. The Petition site is an old
industrial property south of the downtown core. The Petition property is
surrounded by several other industrial sites as mentioned above. The
Petitioners are asking not to be required to add perimeter trees around
the boundary of the site, which abut the other industrial sites to the
North, East West and South. This area has been industrial for the past
several decades and is not part of any new industrial park development.
Having to plant perimeter trees along all four sides of the property
would not be desirable on the mentioned property lines as the trees
would be difficult to care for in order to assure their survival. They
do not believe approval of this Variance would have a detrimental effect
on any surrounding property.
The second Variance request is from the minimum required 150 feet of
frontage along an improved dedicated right -of -way to a minimum of 80
4
feet more or less along the existing brick pavement of Webster Street as
shown. The Petitioners are asking to be allowed to continue to use the
existing paved street for access to their property without being
required to bring the existing street up to the latest City standards
and improve said street for a minimum 150 feet. The existing street
provides satisfactory access for the property and has since the
Petitioners purchased the property. The City has no plans to improve
Webster Street from what exists today. The site has access to Sample
Street, and Webster Street is used today by three other property owners.
The Petitioners do not believe approval of this Variance would be
detrimental to any adjacent property.
The third Variance request is from the requirement of providing a
paved outside storage area, paved parking spaces and paved driveways and
maneuvering areas to existing gravel outside storage area, parking
spaces and driveway and maneuvering areas as shown. The Petitioners
would state that their use of the property with trucks entering and
exiting to drop off containers and take materials for recycling or to
landfills along with picking up containers or dropping them off for
later use places a heavy use on any surface within the site. A paved
surface with the heavy use and the constant picking up and dropping off
of containers would be easily damaged. The Petitioners have found that
using gravel as the wearing surface is easier to maintain. It makes
replacing any heavily used area with additional gravel easy as compared
to ripping up a paved surface and constantly patching worn areas. They
would pave any parking area required to meet ADA standards for access to
the building. The remaining portion of parking would be left on a gravel
surface. The Petitioners do not believe the approval of this Variance
would have a negative impact on any adjacent property.
The fourth Variance request is from the required Fencing containing
30% open space or greater and supplemented with Screening of outdoor
storage areas consisting of Type "C ": Full Screening along the North,
East, South and West property lines to using existing and proposed
minimum 6 ft. high chain link fencing on said property lines as shown.
This request is similar to the first Variance, in that the proposed
outside storage areas abut existing outside storage, existing on the
adjacent properties. The Petitioners propose to place a minimum 6 ft.
high chain link fence along the south perimeter of the property to tie
to the existing fencing running along the west property line and tying
to the building on the east property line. This will help to secure the
site. Since outside storage is being done on adjacent properties, the
Petitioners would ask not to be required to have fencing with add Type
"C" Screening in conjunction with the fencing as stated in the
Ordinance. The Petitioners do not believe the intent of the Ordinance
was to require outside storage of materials to be screened from adjacent
outside storage on similarly zoned properties. The Petitioners would
state that the proposed outside storage areas would be difficult to be
seen directly from the northwest corner of the site from the fully
improved portion of Webster Street. Webster Street presently is unpaved
along a portion the west property line and the City has no plans to pave
Webster Street from where the pavement presently exists. The Petitioners
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do not believe approval of this Variance request will have an adverse
impact on any surrounding industrial property.
The fifth Variance request is from providing a 6 foot wide landscape
bed and landscaping for the West building fagade along Webster Street to
providing no additional landscaping. The Petitioners are asking to be
able to use the existing building without adding landscaping that is
only being required due to a change in building use. This site does not
have high visibility along a well travelled street, nor is it part of a
new industrial park. The Petitioners do not believe approval of this
Variance would have a negative impact on any surrounding property.
The last Variance request is to allow for outside storage to be
located in the front -yard setback along Webster Street to a minimum of
10 feet to the front property line as shown. The Petitioners would note
that with the location of the existing buildings and the unimproved
Webster Street, the south side of the site provides an excellent place
to locate the Company's trash containers. As mentioned above the City
has no plans to improve Webster Street along the front of the Petition
site. The property to the west is being used to store dirt in large
piles and the property to the south is using the north side of their
property for outside storage. The Petitioners do not believe approval of
this Variance would adversely impact any of the surrounding properties.
The Petitioners would ask the Board Members to agree that approval of
the above described Special Exception and Variances requests 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 Special exception and Variances
are sought: that the need for the Special Exception and Variances 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 Special Exception and Variances 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, Harner & Associates, Inc.
Property Owners
Within 300 Feet
MM Blair LLC
Ramar Land Corp
10343 McKinley
600 Gilliam Rd
Osceola, IN. 46561
Wilmington, OH. 45177
Tax Key # 018 8021 0840
Tax Key # 018 8021 084106
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084718
Ritschard Bros Inc
1204 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084103
Ritschard Bros. Inc
1204 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084111
Webster St Holdings LLC
829 Opal Dr
Valparaiso, IN. 46383
Tax Key # 018 8021 084105
Imagineering Enterprises Inc
1302 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084002
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084104
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 0847
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084717
Indiana Land Trust 70298
108 N Main Ste, 71.1
South Bend, IN. 46601
Tax Key # 018 8021 084112
MIA Danch, Flarner & Associates, Inc.
MICHAEL J. RANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County -City Building
South Bend Indiana 46601
Land Surveyors . Professional Engineers
Landscape Architects . Land Planners
October 14, 2013
RE: Special Exception Petition for Webster St. Holdings LLC,
for property at 1020 Webster Street,
South Bend, Indiana:
Dear Council Members:
Our clients are requesting the approval of a Special Exception
for their property located at 1020 Webster Street, South Bend,
Indiana. The Special Exception will allow for the operation of a
Resource Recovery facility /Transfer Station.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing uses in this portion of the
City's older industrial core South of Sample Street and West of
Prairie Avenue.
If you have any questions concerning this matter, please feel
free to give me a call at 234 -4003.
Sincerely,
Michael J. Danch
President
Danch, Harner 6 Associates, Inc.
File # 130237 Md. "C"
1643 Commerce Drive . South Bend, IN 46628 208 West Mars ■ Berrien Springs, MI 49103
office 5741234 -4003 • 800/594 -4003 • Fax 574/234 -4119 Office 269/471 -3010 • Fax 269/471 -7237
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
November 7. 2013
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Webster St. Holdings, LLC
ABZA 11/6/13
Dear Council Members:
The above referenced petition of Webster St. Holdings, LLC was legally advertised on October
17, 2013. The Area Board of Zoning Appeals gave it apublic hearing on November 6, 2013, at
which time the following action was taken:
Upon a motion by Mr. Matthys, being seconded by Mr. Urbanski and by a 6 -0 vote,
the petition for Special Exception to allow a Resource Recovery facility/Transfer Station in
a "GP' District, on property located at 1020 Webster 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.
Sincer✓��d�
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
PETITION OF
WEBSTER ST. HOLDINGS, LLC
SPECIAL USE
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH,
SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE
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 SPECIAL 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 SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE
DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
The conditions to this particular property does create an unusual and unnecessary hardship.
4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF
THE ST. JOSEPH COUNTY 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 this Board that this request for SPECIAL USE shall be passed onto the
Roseland Town Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 6TH Day of NOVEMBER, 2013.
YES NO
O
MICHAEL URBANSKI
D
GERALD PHIPPS
D
RANDALL MATTHYS
O
BRENDAN CRUMLISH
O
JOE VELLEMAN
ABSENT
JACK YOUNG
0
ROBERT HAWLEY
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -82 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 1020 WEBSTER
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.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole