HomeMy WebLinkAboutSpecial Exception - 1502/1512 Michigan StAttest:
RESOLUTION
4315 -14
Passed by the Common Council of the City of South Bend, Indiana
February 10,
20 4.
Presented by me to the Mayor of the City of South Bend, Indiana
February 11, 20 14.
City Clerk
President of Common Council
Approved and signed by me tit D Q NT'` Y 20A.
City Clerk
RESOLUTION NO. q.3(S—tcj'
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
1502/1512 Michigan Street
WHEREAS, Indiana Code Section 36 -74- 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; 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 Exception be granted for the property located at:
1502/1512 Michigan Street
in order to permit
automobile sales and service in a "CB" 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;
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 ful
Common Council and approval by the Mayo:
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CITY CLERk, W ;;c UENID, IN
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd,
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
December 5, 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
Luis A. Renteria - Morales
1502/1512 S. Michigan St,
Dear Council Members:
The above referenced petition of Luis A. Renteria- Moiates was legally advertised on November 17,
2013. The Area Board of Zoning Appeals gave it apublic hearing on December 4, 2013, at which
time the following action was taken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Young and by a 7 -0 vote,
the petition for Special Exception to allow automobile sales and service in a "CB" District,
on property located at 1502/1512 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.
Since��d�
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
PETITION OF
LUIS R>ENTERIA- MORALES
150211512 S. MICHIGAN ST.
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 Uris 4TH Day of DECEMBER, 2013.
YES
NO
XI
MICHAEL URBANSKI
0
GERALD PHIPPS
rx?]
RANDALL MAITHYS
0
BRENDAN CRUMLISH
M
JOE VELLEMAN
®
JACK YOUNG
El
ROBERT HA WLEY
PETITION
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a
Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
1502/1512 Michigan Avenue South Bend IN 46613
2) The property Tax Key Number(s) is/are:
018- 7024 -0953 and 018 - 7024 -0953
3) Name and address of property owner(s) of the petition site:
Luis A Renteria - Morales
4005 Ford Street
South Bend IN 46619
4) Name and address of contingent purchaser(s), if applicable:
None
5) it is desired and requested that this property be rezoned:
To allow automobile sales and service in a "CB" District
6) This rezoning is requested to allow the following use(s):
Automobile Sales & Service
7) If applicable, a detailed description and purpose of the Special Exception(s) being requested:
Seeking a Special Exception to allow automobile sales and service in a "CB" District would allow Mr. Renterla-
Momles the opportunity to convert the existing structure into a Used Automobile dealership.
8) ) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public
health, safety, comfort, community moral standards, convenience or general welfare because it will allow the vacated
building to be converted into a profitable business.
(b) The proposed CB Community Business District — Automobile Sales & Service will not injure or adversely affect
the use of the adjacent area or property values therein because the look and use of the property will be revitalized.
Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place.
(c) The proposed CB Community Business District— Automobile Sales & Service will be consistent with the character
of the district in which it is located and the land uses authorized therein; and provide another business to open in South
Bend.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.
9) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan.
10) . If, applicable, a detailed description and the purpose of the variance(s) being requested:
Variance # 1 to increase the fence height from 4' to 10' on the North side of the property and 6' to 10' on the East and
South side of property.
Variance 42 to change the Type B landscaping on the East and South side of the property to a privacy fence.
Variance 43 to decrease the 15' parking setback on the North, West and South side of the property to 0'.
Variance #4 to decrease the 20' rear residential bufferyard on the East and South to 0' for parking.
Variance 45 to change Type A landscaping on the North side of the property to none.
To change these variances would allow the owner of 1502/1512 Michigan Street to change the existing car wash
structure into a Used Automobile dealership.
11) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community because
it will allow an vacant structure to be converted into a productive business that will deter crimes such as loitering,
vandalism, theft, etc. from happening on this site.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
adverse manner; and possible increase the values as the property will not be vacant.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property
because the property would not be able to be developed as the owner would like.
12) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted.
13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission.
14) Attached, and made a part of this PETITION, is:
(a) a copy of a legal description of the property
(b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of
the petition property;
(c) 17 site plans; and
(d) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: Signature(s) of All Property owner(s) or signature of Attorney for all
property Owner(s):
Luis A Renteria - Morales
4005 Ford Street
South Bend, IN 46619
(574) 274 -8581
CONTACT PERSON: (if different)
LEGAL DESCRIPTION
Lot 10& 11 Haneys Add 10& 11
Lot 12 Haneys Add 12
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
14 -06 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 1502/1512
MICHIGAN STREET
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.
Valerie Schey
Chairperson, Committee of the Whole