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HomeMy WebLinkAboutSpecial Exception - Property located at 117 N. Main St.Attes RESOLUTION 4326 -14 Passed by the Common Council of the City of South Bend, Indiana March 10, 14 20 . Presented by me to the Mayor of the City of South Bend, Indiana March 11, 20 14 City Clerk dent of Common Council Approved and signed by me A4+ It C 4 I 20 ' �. City Clerk =25 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 117 N Main St South Bend, IN 46601 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; 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: 117 N Main St South Bend, IN 46601 in order to permit Tattooing and Body Piercing SECTION H. 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: L 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 PRESENTED -3 —t6— ( V NOT APPROYPO soOPTEO -�" 3 — C3 — Filed i- JAN i JOd e, CETY CLEPG,..: ie Wce 4 2014 ;cSFtb,IN PETITION FOR ZONING VARIANCE AND SPECIAL EXCEPTION TO RELOCATE OUR ESTABLISHED BUSINESS Petitioner David E Martin Bicycle Tattoo 127 W Washington St South Bend, IN 46601 Business Phone: 574 -282 -8190 Cell Phone: 574 - 440 -2184 The purpose of this petition is to seek 2 zoning variances and 1 special exception to allow us to relocate one block over from our current location of 127 W Washington to the new location at 117 N Main street in the Central Business District. We need a special exception to allow tattooing and body piercing in the new space and we need two zoning variances. One to change the maximum number of controlled uses within 1000'f rom 2 to 50, and one to change the minimum distance from a church from a tattoo and body piercing establishment from 500' to 300'. The churches in question are on a different block and have no visible line of sight to our store front and will not see any signage or patrons entering our place of business. We are an established business and are moving because of the condition of our current location does not meet our needs due to lack of upkeep and water damage. We consulted Aaron Perri from DTSB before moving forward with this and we have his support in this move. During the first year of operation we have been good neighbors. We practice safe sanitary techniques and are constantly researching ways to improve. We have brought close to 1000 new shoppers into the downtown area that came specifically for us but ended up spending money at other shops while they were downtown. We feel we are a good fit for downtown and want to stay and continue to do business in the downtown area. And we will continue to run our business in a professional manner that benefits both us and the downtown area Thank you David Martin V Itry116011M) We) il Ihf 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 February 6, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception David Martin 117 N. Main Street Dear Council Members: The above referenced petition of David Martin was legally advertised on January 16, 2014. The Area Board of Zoning Appeals gave it apublic hearing on February 5, 2014, at which time the fol lowing action was taken: Upon a motion by Mr. Young, being seconded by Mr. Hawley and by a 5 -0 vote, the petition for Special Exception to allow a tattoo and body piercing establishment in a "CBD" District, on property located at 117 N. Main 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��� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MARTIN 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 its 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 5TH Day of FEBRUARY, 2014. YE NO ® MICHAEL URBANSKI © GERALD PHIPPS D RANDALL MAITHYS ® BRENDAN CRUMLISH ® JOE VELLEMAN © JACK YOUNG ® ROBERT HAWLEY DAVID MARTIN The petition of David Martin seeking a Special Exception to allow a tattoo and body piercing establishment in a "CBD" District and a variance from 2 to 50 controlled uses within 1000' and from the 500' minimum distance from a church to 300', on property located at 117 N. Main Street, Portage Township. Zoned "CBD ". MR. DAVID MARTIN: I live at 56415 Westlea Drive, South Bend. I'm already an established business downtown, we're just switching locations roughly about a half a block from where we currently are. We actually like the location we in now but the building we're in is having major maintenance problems that are above us. And for the whole year we've had problems with water leakage and it was compounded when the weather changed. Right now if you go to our spa there's spots on the floor from leaking and the nature of our business we feel it's unsafe for our customers. And since it's caused from leakage above us we feel it's not a maintenance issue that we have control over. I know with the church, we're getting closer to the church, our storefront does not face the church. They will not see any of our signage. They probably won't even see people entering our building. We're already established. We're real quiet neighbors. We just love downtown and we'd like to stay downtown in a nice safe location. MR. VELLEMAN: Will you be buying this building or are you going to be renting it? MR. MARTIN: I'm going to be renting it. MR. VELLEMAN: Is the tanning salon next to that still? MR. MARTIN: The Body Evolution? MR. VELLEMAN: Yeah. MR. MARTIN: Yeah it's right next to where it used to be Emblazing Salon. It's where US Cellular used to be. MR. VELLEMAN: You're on the north side of that building? MR. MARTIN: Yeah. MR. VELLEMAN: Is the tanning salon now considered a controlled use because of the new legislation that you can't be under 16 and have all of that or anything? Does anybody know? COULD NOT HEAR WHAT WAS SAID MR. HAWLEY: When did you move in to the building you're in now? It seems like you were just... MR. MARTIN: This was just last year and the thing of it is, when we moved in we didn't think to look above ceiling tiles and stuff like that. If you go there now like the last major water we leak we had, the landlord fixed the ceiling tiles but if you move the ceiling tiles you can see the second floor. And it's, I feel like I'm being needy to him cause I feel like I'm always calling him saying "hey, you know the stuff on the awing's ripping off with the wind" or you know there's water leaking constantly. Like our doorstep, I actually, I had to pay myself to fix the concrete to the entrance way because when we moved in there was a big hole and he said he was going to fix it and he never did. I mean I wish him all the luck but I feel like if I'm investing in this space, I feel like I'm just wasting my money. MR. VELLEMAN: Well there's a cleanliness factor with the tattoo portion of that too, correct? MR. MARTIN: As a matter of fact when we first applied part of what we told you guys was that we wanted to be a part of the APP and the APT, which would make us the first in the area to actually apply and obtain that licensing. We can't do it because you have to submit a video walk through of your building and we have a shared restroom with Main Street Coffee House. We had a water break in the middle of summer on the floor above in the men's bathroom and there was a garbage can full of ceiling tiles like a month in the men's stall with a hole in the ceiling. There's still a hole in the ceiling and there was another leak in there like two weeks ago, there's still a hole in the ceiling. There were ceiling tiles on the floor last week for a week. And like I said I tell him and they act like I'm bothering them or something but I don't feel like what I'm asking for is out of the ordinary. MR. HAWLEY: How long of a lease do you have to sign at the new location. MR. MARTIN: I'm not sure. I did give a deposit on the building just to hold it. We are in the downtown for the long haul. We had a three year lease at the other place. I don't want to be anywhere else but downtown. I feel like it fits my business model and I like the art aspect that they're bringing to downtown. 1 just feel like I fit here. We've brought a lot of people down here for the things that we do and this is where I want to be. MR. VELLEMAN: Area Plan? MRS. HILL: I did contact, it's approximately the same comments that we had a year ago with the petitioner was in. We did contact the Health Department and they are in charge of regulating the tattoo parlors and shops. They have not had any complaints on this particular one and Mr. Martin has been in contact with the Health Department about what he needs to do to move to the new shop. There's a permit involved so, sounds like everything is going well as far as the Health Department is concerned. MR. VELLEMAN: So on concerns about moving from one block to the next? He's been in business for a year with no issues. IN FAVOR MR. AARON PERRY: Executive Director Downtown South Bend, offices at 217 S. Michigan. We've worked closely with David Martin and the operators there at Bicycle Gallery and Body Art. They've established a great business that fits very well in downtown. I understand there was some concerns early on but they've been nothing but a positive force in downtown. Their motto has been great and I know they have plans to continue the art gallery in the front and continue contributing to downtown in a positive factor by participating in the art shows, first Fridays and things of that nature so we're certainly supportive of this move and glad they can stay in downtown. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval of the variances subject to the Special Exception being approved and the that the Special Exception is sent to the Common Council with a Favorable Recommendation was made by Mr. Young and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition for variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APRPOVED BY THE COMMON COUNCIL PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION