HomeMy WebLinkAboutSpecial Exception - Property located West of 2801 Main Street, East of the former railroad right-of-way, South of 2729 Main Street and North of 3107 Main StreetRESOLUTION
3880-08
Passed by the Common Council of the City of South Bend, Indiana
July 14, 08
20
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 29, 20 08
Approved and signed by me
July 30,
:c-~~-
2x08
City Clerk
RESOLUTION NO. ~ u ~~~~
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 PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD
RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND,
INDIANA 46614
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 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:
(PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-
OF-WAY, SOUTH OF 2729 MAIN STREET AND
NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614)
in order to permit:
The Approval of a Special Exception to allow for an indoor Vehicle Processing and Salvage Operation and an
indoor Vehicle Impoundment facility for property located West of 2801 Main Street, East of the former
Railroad Right-of--way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana per
Section 21-04-02 (a)(2)(B)(i) 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.
2
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.
r\
~' /7'
Member of the Co on Council
Find in Cll~rit'~ ®i~' erc
PLAY 2 1 2008
JONN VaORDE
CITY CCERK, S0. BFND, IN.
NKESENTED ~ -7i~-~~
NOT APPROVED
aDC7PTI~,,~''~~ _Z~_ d~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-60 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 PROPERTY LOCATED
WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD
RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF
3107 MAIN 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
BOARD OF ZONING APPEALS
NO.
NOTIFIED , 20
FILED , 20
HEARING , 20
APPEAL
Applicant's Name: ORANGENSAFT LLC Phone 284-2610
Address: 202 LINCOLNWAY EAST, SUITE 200, MISHAWAKA, INDIANA 46544
Address of Property: PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST
OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND
NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614.
Present Zoning of Property: "LI" LIGHT INDUSTRIAL AND"GI" GENERAL
INDUSTRIAL DISTRICT PENDING REZONING TO "GI" GENERAL INDUSTRIAL DISTRICT
Owner's Name: ORANGENSAFT LLC Phone 284-2610
Address: 202 LINCOLNWAY EAST, SUITE 200, MISHAWAKA, INDIANA 46544
Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003
Address: 1643 COMMERCE 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
PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD
RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET .AND NORTH OF 3107 MAIN STREET,
SOUTH BEND, INDIANA 46614
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST:
PARCEL "D"•
A). Approval of a Special Exception as allowed under Section 21-04-02
(a) (2) (B) (i) of the City of South Bend Zoning Ordinance to allow for an
indoor Vehicle Processing and Salvage Operation and an indoor Vehicle
Impoundment facility for property located West of 2801 Main Street, East
of the former Railroad Right-of-way, South of 2729 Main Street and North
of 3107 Main Street, South Bend, Indiana;
2
VARIANCE REQUESTS:
PARCEL "A": 1). A Variance from the requirement of providing Type "A"
Perimeter landscaping along the North, West and South property lines to
no landscaping; 2). A Variance from the requirement of providing
screening for a proposed parking area along the South property line to
no landscaping;
PARCEL "B": 1). A Variance from the requirement of providing Type "A"
Perimeter landscaping along the North, West and South property line to
no landscaping;
PARCEL "C": 1). A Variance from the requirement of providing Type "A"
Perimeter landscaping along the North, West and South property line to
no landscaping and landscaping shown along the North line (i.e. Woodside
Street);
2). A Variance from the requirement of providing a 10 foot Rear Yard
Setback along the West property line to a 0 foot Setback (i.e. 0 Lot
Line) ;
3). A Variance from the Minimum required 30-foot Building Setback along
the North property line (i.e. Woodside Street and a Public Alley) to a
minimum of 3 foot for an existing building;
4). A Variance from the Minimum required 30-foot Building Setback along
the East property line (i.e. Main Street) to a minimum of 0 foot for an
existing building;
5). A Variance from the requirement of providing a minimum of 35 parking
spaces on-site for 10,000 sq.ft. of proposed office space in the
existing building to providing a minimum of 35 parking spaces off-site
on Parcel "D" as shown;
PARCEL "D": 1). A Variance from the requirement of providing Type "A"
Perimeter landscaping along the East, North, West and South property
lines to no landscaping;
2). A Variance to be allowed to place a proposed Parking area in the
required 100-foot wide Residential Bufferyard along the East property
line to a minimum of 20 foot and screening said Parking with a shown
Evergreen Buffer;
3). A Variance to be allowed to have an existing building and a proposed
driveway and parking in the required 100-foot wide Bufferyard along
Unzoned property (i.e. Railroad Right-of-way), along the West property
line to a minimum of 1 foot with no landscape screening;
4). A Variance from the requirement of providing a 10 foot Side Yard
Setback along the East property line to a 0 foot Setback (i.e. 0 Lot
Line) ;
3
5). A Variance from the Minimum requirement of 150 feet of frontage
along a Public Street for a property zoned "GI" General Industrial
District to a minimum of 88 feet more or less along Oakside Street (i.e.
North property line);
The property is presently zoned "LI" Light Industrial District and
"GI" General Industrial District pending rezoning to "GI" General
Industrial District.
The Petitioners are 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 "LI" Light Industrial District and "GI" General
Industrial District. The Petitioners are presently in the process of
having the entire property rezoned to the "GI" General Industrial
District. This property has been used for industrial purposes over the
past few decades. The Petitioners desire to renovate the existing
building and create a small-integrated Industrial Park. As shown, the
intent is to create four industrial lots. The existing building will be
on proposed Parcels "C" and "D". Two new industrial sites will be
created and are shown as Parcels "A" and "B". The Rezoning Petition,
which has been submitted, states that Parcels "A" and "B" will have new
industrial uses placed on the properties, which will conform to most of
the Industrial Development standards. Parcel "C" is proposed to take the
existing building and create approximately 10,000 square feet of new
Office space with Warehousing and Storage for the remaining portion of
the building. Parcel "D" is proposed to contain a small amount of office
space with the remaining; portion of the building to house an indoor
Vehicle Salvage and Processing facility and an indoor Vehicle
Impoundment facility. Any remaining space will be used for Warehousing
and Storage.
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 to use a portion of the existing building for an
indoor Vehicle Salvage and Processing facility and an indoor Vehicle
Impoundment facility. The Petitioners would state that the proposed
Special Exception use of the existing Building shown on Parcel "D" would
be done indoors with no part of the operation being conducted outdoors.
The Petitioners believe that keeping the use confined within the
building will mitigate any adverse affects on surrounding properties.
The proposed Special Exception is also being done on the portion of the
Petition site, which is located away from any existing residential uses.
The Petitioners would hope that the Board Members agree that the
proposed small Industrial- Park is a desirable use of an old industrial
site.
The Petitioners would ask the Board Members to agree that approval of
the Special Exception to allow for an indoor Vehicle Salvage and
Processing facility and an indoor Vehicle Impoundment facility, as shown
4
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).
As stated above, this proposed small Industrial Park also requires
Variances in order to develop the sites as shown.
The development of Parcel "A" as shown requires a Variance from the
requirement of providing Type "A" Perimeter landscaping along the North,
West and South property lines to no landscaping and a Variance from the
requirement of providing screening for a proposed parking area along the
South property line to no landscaping. This parcel abuts a junkyard to
the South, which use is outdoors. The Petitioners would ask that placing
trees and screening along this line would add little to the adjacent
property and the Petitioners would rather place landscaping along the
frontage of their site on Main Street instead. The request for the
wavier of landscaping along the other property lines is based on the
fact that this parcel will be part of the Industrial Park and as planned
there will be shared paved areas to access parking spaces and loading
spaces as well as common driveways. This will allow for less pavement to
be required overall for the development of the small Industrial Park and
will help in reducing the environmental impact of impervious surfaces.
The development of Parcel "B" as shown requires a Variance from the
requirement of providing Type "A" Perimeter landscaping along the North,
West and South property line to no landscaping. This is similar to the
development of Parcel "A" for the same reasons and the Petitioners would
ask that a Variance from this requirement be approved. The Petitioners
will be placing landscaping along the Main Street frontage of the
parcel.
The development of Parcel "C" requires a Variance from the
requirement of providing Type "A" Perimeter landscaping along the North,
West and South property line to no landscaping and landscaping shown
along the North line (i.e. Woodside Street). This request is again
similar to Parcels "A" and "B". The Petitioners will be placing
landscaping along the existing building fagade that faces Woodside
Street. There would also be a few trees placed along the South side of
the building to create islands to break up a proposed parking area that
will help service the building.
A second Variance request is from the requirement of providing a 10
foot Rear Yard Setback along the West property line to a 0 foot Setback
(i.e. 0 Lot Line). This is to allow the existing building to remain and
to be able to maximize the structure for reuse without having to raze a
portion of the building and send materials to a landfill site. Approval
of this Variance should not have an adverse impact on surrounding
properties.
5
The third request is for a Variance from the Minimum required 30-foot
Building Setback along the North property line (i.e. Woodside Street and
a Public Alley) to a minimum of 3 foot for an existing building. As
shown, the Petitioners desire to use the existing building and leave the
structure where it presently sits on the property. This building has
been as close to the street as shown for the past decades and approval
of a Variance for it to remain, should not adversely affect surrounding
properties.
The fourth requests is for a Variance from the Minimum required 30-
foot Building Setback-along the East property line (i.e. Main Street) to
a minimum of 0 foot for an existing building. This building has been at
the property line for the past few decades and again approval of a
Variance for the existing situation should not adversely affect adjacent
properties.
The last request is for a Variance from the requirement of providing
a minimum of 35 parking spaces on-site for 10,000 square foot of
proposed office space in the existing building to providing a minimum of
35 parking spaces off-site on Parcel "D" as shown. The Petitioners as
stated before desire to keep the. existing building and would prefer to
create a new parking area as shown on proposed Parcel "D" which would
service both uses on Parcels "C" and "D". The Petitioners would state
they are providing some parking spaces on Parcel "C" but the remaining
spaces can be accommodated on Parcel "D" which is conveniently located
to the existing building. The Petitioners do not believe approval of
this request would be detrimental to any surrounding property.
The development of Parcel "D" requires a Variance from the
requirement of providing Type "A" Perimeter landscaping along the East,
North, West and South property lines to no landscaping. As stated above
approval of this Variance should not have a detrimental affect on
surrounding properties and the location of the existing building along a
portion of the West property line would make placement of landscaping
difficult. The adjacent properties are either zoned Industrial or have
been used as a railroad right-of-way.
The second request is a Variance to be allowed to place a proposed
Parking area in the required 100-foot wide Residential Bufferyard along
the East property line to a minimum of 20 foot and screening said
Parking with a shown Evergreen Buffer. The Petitioners would state that
they believe the intent of this requirement was to maintain a sufficient
bufferyard for an Industrial site that may have outside storage of
materials. They don't believe a 100 ft. wide bufferyard would be
required for a parking area. They would state that as shown they are
providing a 20 ft. wide buffer area containing a double row of evergreen
trees which should screen the parking area from any adjacent property.
They would state that approval of this Variance should not .have an
adverse impact on adjacent properties.
The third request is for a Variance to be allowed to have an existing
building and a proposed paved driveway and parking in the required 100-
foot wide Bufferyard along Unzoned property (i.e. Railroad Right-of-
way),along the West property line to a minimum of 1 foot with no
6
landscape screening. The Petitioners would state that the building is
existing and should not have a negative impact if allowed to remain. The
placement of the proposed paved driveway and parking as shown without
additional landscaping should not ,have a detrimental affect on the
former railroad right-of-way or adjacent industrial property to the
West.
The fourth request is a Variance from the requirement of providing a
10 foot Side Yard Setback along the East property line to a 0 foot
Setback (i . e . 0 Lot Line) . This is similar to the Zero Lot line request
for Parcel "C" and allows the existing building to remain with a party
wall along the boundary between the two parcels.
The last request is for a Variance from the Minimum requirement of
150 feet of frontage along a Public Street for a property zoned "GI"
General Industrial District to a minimum of 88 feet more or less along
Oakside Street (i.e. North property line). The Petitioners would state
that they have attempted to lay out this property as efficiently as
possible and to have interior access ways that can be used by all
property owners within the development. The odd shape of the site lends
itself to the proposed lot configuration and the Petitioners would hope
that the Board Members agree the approval from 150 ft. of frontage to 88
ft. for this odd parcel would not adversely affect any adjacent
property.
The Petitioners believe that approval of the above Special Exception
and Variances for the Parcels in this proposed small-integrated
Industrial Park, will not be detrimental to adjacent properties.
Based on the above information, the Petitioners would ask the Board
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.
ruciiae.L u . uancn
President
Danch, Harper & Associates, Inc.
Property Owners
Within 300 Feet
~rangensaft LLC Orangesaft LLC Orangensaft LLC
02 LWE 202 LWE 202 LWE
lishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545
ax Key # 018 8016 0739 Tax Key # 018 8016 0717 Tax Key # 018 8016 0718
~rangensaft LLC Orangensaft LLC Orangensaft LLC
J2 LWE 202 LWE 202 LWE
ishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545
~x Key # 018 8016 0720 Tax Key # 018 8016 0719 Tax Key # 018 8016 0715
rangensaft LLC Kelly Nunez Michael A Boyle
)2 LWE 2829 South Main 2825 S Main
ishawaka, IN. 46545 South Bend, IN. 46614 South Bend, IN. 46614
~x Key # 018 8016 0716 Tax Key # 018 8016 0735 Tax Key # 018 8016 0734
illiam & Lorraine Davis Steve & Judith Overmyer Chris P Kohler
21 S Main 3447 S Locust Rd 22845 Madison Road
Guth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614
~x Key # 018 8016 0733 Tax Key # 018 8016 0732 Tax Key # 018 8016 0731
iris P Kohler Chris P Kohler 2801 S Main Land Trust
845 Madison Rd 22845 Madison Rd. P.O.Box 2544
uth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680
x Key # 018 8016 0730 Tax Key # 018 8016 0728 Tax Key # 018 8016 0727
care & Fereheyot Mulatu Huffaker Enterprises Inc. Huffaker Enterprises Inc.
i04 Coastal Hwy 1308 Apple Ridge Ct 1308 Apple Ridge Ct
can City, MD. 21842 South Bend, IN. 46614 South Bend, IN. 46614
c Key # 018 8016 0726 Tax Key # 018 8014 0665 Tax Key # 018 8014 0668
faker Enterprises Inc. Huffaker Enterprises Inc Huffaker Enterprises Inc
-8 Apple Ridge Ct 1308 Apple Ridge Ct 1308 Apple Ridge Ct
nth Bend, IN. 46614 South Bend, IN. 46614 South Bend
IN. 46614
Key # 018 8014 0667 Tax Key # 018 8014 0666 ,
Tax Key # 018 8014 0663
card Wedelstedt Millers Real Estate LLC Miles E Lockwitz
5 N Colorado 2700 S Main 2714 S Main
ever, Colorado 80216 South Bend, IN. 46614 South Bend
IN. 46614
Key # 018 8014 0661 Tax Key # 018 8014 0671 ,
Tax Key # 018 8014 0672
G Allen Frank & Nicola Macri Nicola & Frank Macri
37 Meadow Knoll Dr 22890 State Road 23 22890 State Road 23
th Bend, IN. 46628 South Bend, IN. 46614 South Bend
IN. 46614
Key # 018 8014 0673 Tax Key # 018 8014 0674 ,
Tax Key # 018 8014 0675
dicola Macri Frank Macri Kent & Rose Anne Miller Kent & Rose Anne Miller
209 Ewing 2810 S Main St 2810 S Main
youth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614
-ax Key # 018 8014 0676 Tax Key # 018 8015 0686 Tax Key # 018 8015 0687
:ent & Rose Anne Miller Kent & Roseanne Miller Joel A Morimanno
810 S Main 2810 S Main P.O.Box 2723
outh Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680
ax Key # 018 8015 0688 Tax Key # 018 8015 0689 Tax Key # 018 8015 0690
Ames & Marilyn Senour Barbara Coates David A Nufer
327 S Michigan 4995 N Wilhelm Rd 724 W Edison Rd
Guth Bend, IN. 46613 LaPorte, IN. 46350 Mishawaka, IN. 46545
3x Key # 018 8015 0691 Tax Key # 018 8015 0693 Tax Key # 018 8015 0697
ty of South Bend Indiana Diana M Basye Diana M Basye
aunty City Building 2917 S Michigan St 2917 S Michigan
Guth Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46614
ix Key # 018 8015 0698 Tax Key # 018 8015 0713 Tax Key # 018 8015 0712
vela C Sarras Michael W Albert Michael & Emily Van De Voorde
13 S Michigan St 2909 S Michigan St 3002 S Main St
Guth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614
x Key # 018 8015 0711 Tax Key # 018 8015 0708 Tax Key # 018 8017 0764
awnda Gee Sandra L Johns Rose & Ricky Sullivan
709 2-C Road 3010 S Main St 3014 S Main
mouth, IN. 46563 South Bend, IN. 46614 South Bend, IN. 46614
K Key # 018 8017 0765 Tax Key # 018 8017 0766 Tax Key # 018 8017 0767
lene Bianco Matthew S Wruble Ralph & Michele Layne
122 Currant Road 3022 S Main St 65600 Maple Rd
finger, IN. 46530 South Bend, IN. 46614 Lakeville, IN. 46536
Key # 018 8017 0768 Tax Key # 018 8017 0769 Tax Key # 018 8017 0770
rence Aldridge Elizabeth Sagi /Kathleen Sagi Frederick M Voynovich
6 S Main 3110 S Main 3116 S Main
ith Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614
Key # 018 8017 0771 Tax Key # 018 8017 0772 Tax Key # 018 8017 0773
~s Vergauwen Robert W Clark Rodney Caprarotta
J S Main 3202 S Main 3201 S Michigan
th Bend, IN. 46614 South Bend, IN. 46614 South Bend
IN. 46614
Key # 018 8017 0774 Tax Key # 018 8017 0776 ,
Tax Key # 018 8017 0752
Kosowski Jr. Humberto Vasquez Larry & Susan Heckman
3 S Michigan 3119 S Michigan St 3115 S Michigan St
:h Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614
Key # 018 8017 0751 Tax Key # 018 8017 0750 Tax Key # 018 8017 0749
~(~ Uanch, F/arner ~ ~I ssociates, /nc,
MICHAEL J. DANCH, 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
May 21, 2008
RE: Special Exception Petition for Orangensaft, LLC for property
located West of 2801 Main Street, East of the former Railroad
Right-of-way, South of 2729 Main Street and North of 3107 Main
Street, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the approval of a Special Exception
for their property located West of 2801 Main Street, East of the
former Railroad Right-of-way, South of 2729 Main Street and North of
3107 Main Street, South Bend, Indiana. This Special Exception will
allow for an indoor Vehicle Salvage and Processing facility and an
indoor Vehicle Impoundment facility as part of the development of a
small Industrial Park.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing industrial uses in this
portion of the South Main Street corridor area.
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 & Associates, Inc.
File # 080145 Md. "C"
1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103
office 574/234-4003 ^ 800/ 594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237
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
June 20, 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
BZA 6/19/08
Dear Council Members:
The above referenced petition of Orangensaft, LLC was legally advertised on June 5, 2008. The Board of
Zoning Appeals gave it a public hearing on June 19, 2008, at which time the following action was taken:
Upon a motion by Mr. Kilbase, being seconded by Mr. Hoban and unanimously carried,
the petition for Special Exception of Orangensaft, LLC to allow an indoor vehicle processing
and salvage operation and an indoor vehicle impoundment facility in a "GI" General Industrial
district, on property located west of 2801 Main St. south of 2729 Main St. and north of 3107
Main St., 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.
Sincerely,
Charles C. Bulot
Building Commissioner
CCB/cah
ORANGENSAFT, LLC
(indoor vehicle processing cC salvace)
SI'EC1AL E\CEPTION PL1RSt1ANT 31 -U9.. (D)
BOARD OF ZONING APPEALS
CL1,~' 01= SOU"1'H BEND, INDIANA
FINDINGS OF 1=ACT
1 . T1-IE I'P~OPOSED L'S'E \\'ILL NOT BE TT`'JUP.IOUS TO THE PUBLIC HEALTI-I. SAFETY, COMFORT,
C'O\~1\IL'N1"1'1' ~~IOR:\L STANDARDS. CONVENIENCE OR GENEP.AL WELFARE BECAUSE:
Dc~'elopment and use as presented will comply with all building, fire saicty. u-afiic, and parking regulations as to
not being injurious to the public health, safety. morals and general welfare ol~ihe community.
_. "]'1 IE PROPOSED C'SE \\'ILL NO"I' IN,ILIRE OR ADVERSELY' AFFECT TI-IE USE OF TI-IE AD.IACENT
AREA Ol: 1'I:OI'ERTI' VALUES TI-IEREIN BECAUSE:
"1'he variance or use shall improve the appearance of the neighUorhood and will not devalue the surrounding
properties.
~. T]-IE PROPOSED L,'SL-' WILL BE CONSISTENT WITH THE CI-IARACTER OF THE DISTRICT IN WHICH
IT IS LOC'.~\TL-D AND TI-IE LAND USES ALIT]-IORIZED THEREIN BECAUSE:
Bein!_* that the petition is only temporary- it will not affect the value of the sun•ounding properties.
-+. TI-IE PROPOSE-D USE IS COMPATIBLE WITII THE RECOMMENDATIONS OF THE CITZ' OF SOUTI-I
BEND C'0~1dPREHER'SII'E PL_dA' BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
de~~iatin~ from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS TI-IERL-FORE the decision o(~the Board that this reduest for Special Exception shall Ue passed onto the City of South
Bend Common Council ~~~ith a: FAVORABLE RECOMMENDATION
ADOPTED this 19TH Dav of.1UNL--. ?OOS
l"L=S NO
® RICHAP~D KILBASE
® CHP~ISTOPH HOFFMAN
® DAVID SASSANO
® MAURICE HOBAI~'
® L-LONDA L\'ILDER-I-IAMILTON