HomeMy WebLinkAboutSpecial Exception - 900 Block of Oliver Plow Court (2)Attest:
RESOLUTION
•:
Passed by the Common Council of the City of South Bend, Indiana
November 10,
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 12, 20 08
Approved and signed by me November 12 2008
MA
City Clerk
RESOLUTION NO. 3 6 ( D
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 THE PROPERTY LOCATED AT
(900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA)
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 pursuant to I.C. 36 -74- 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:
(900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.)
which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot
property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South
Bend, Indiana per Section 21 -04 -02 (2)(11)(iii) 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.
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.
Member of the Co Council
Had In C look's Office
AUG 2 5 2008
JOHN VOORDE
CITY CLEN, SO, EE ?ICJ, IN.
PRESENTED ( [ - L O — O
POT /APPROVED
'ADOPTED �[ —LO —Olir
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08 -96 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 AT
THE 900 BLOCK OF OLIVER PLOW COURT, 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 no recommendation due to a lack of a
quorum.
Oliver Davis
Chairperson, Committee of the Whole
BOARD OF ZONING APPEALS
NO. FILED , 20
NOTIFIED 20 HEARING 20
APPEAL
Applicant's Name: THE CITY OF SOUTH BEND
Phone 235 -9371
Address: 12TH FLOOR COUNTY -CITY BUILDING 227 WEST JEFFERSON BLVD.,
SOUTH BEND, INDIANA 46601
Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT,
SOUTH BEND, INDIANA 46601
Present Zoning of Property: "GI" GENERAL INDUSTRIAL DISTRICT
Owner's Name: THE CITY OF SOUTH BEND
Phone 235 -9371
Address: 12TH FLOOR COUNTY -CITY BUILDING, 227 WEST JEFFERSON BLVD.,
SOUTH BEND, INDIANA 46601
Counsel or Consultant: DANCH, HA.RNER & 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
900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601
NATURE OF APPEAL:
SPECIAL EXCEPTION REQUEST:
A). Special Exception Request: PARCEL "A": A). Approval of a Special
Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of
South Bend Zoning Ordinance to allow for an outside storage area of
196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed
outside storage area of 137,650 square feet (i.e. 50% of the proposed
lot property area of approximately 6.32 acres) for property located in
the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-
04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the
following Variance Requests:
2
PARCEL "A"•
1). A Variance from the requirement of providing a 100 -foot wide Rear
Residential Buffer -yard and required perimeter landscaping of one (1)
deciduous tree at a minimum spacing of 40 feet on- center along the
Northern property line to a 0 ft. setback for a proposed storage area
and providing no landscaping;
2). A Variance from the requirement of providing a 100 -foot wide Side
Residential Buffer -yard and required perimeter landscaping of one (1)
deciduous tree at a minimum spacing of 40 feet on- center along the
Western property line to a 0 foot wide setback for a proposed storage
area and no screening along the West line of the petition site, but
providing a Type "B" landscaping containing a double row of evergreen
trees as shown on adjacent proposed Outlot "A" located West of Petition
site.
3). A Variance from the required minimum frontage of 150 ft. for a
property Zoned "GI" General Industrial District to a minimum frontage of
94.50 ft. more or less along Oliver Plow Court.
The Petitioner is 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 "GI" General Industrial District. The Petitioner has
been the owner of the property for the last several years and is in the
long -term process of developing the Petition site and the adjacent
properties into an Urban Industrial Park. This was the original site for
the Oliver Plow Works. The City of South Bend acquired the property and
cleaned up the site and paved Oliver Plow Court as a Public Street
access to the new industrial sites. The Rose Fuel Company came to this
Park a few years back and presently has their facility just to the
southeast of the Petition site. The City has been working with
Underground Pipe and Value, Inc. to re- locate them from their present
site south of Sample Street on the east side of Prairie Avenue to the
property shown as Parcel "A" on the attached site plan. The Petition
property contains approximately 6.32 acres of area, and is sized for the
Underground Pipe & Valve new facility and outside storage area. As
shown, the new building will contain approximately 36,000 square foot of
floor area and will include their corporate offices as well as their
processing services. The remainder of the site will contain the parking
area for employees and clients which is along the south and east side of
the proposed new building. To the west and north of the building will be
an outside storage area for Underground Pipe and Valves inventory of
salable merchandise.
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
3
Exception is required due to the amount of the property, which will be
used for outside storage of inventory product. The City's Ordinances in
the General Industrial District limit the outside storage to 50% of the
size of the property. As proposed, the outside storage exceeds that
amount of area by approximately 58,350 square foot. Underground Pipe and
Valve desires to remain in a downtown location, as they are centrally
located to their clientele. The City also desires to keep Underground
Pipe and Valve within the City limits, and as stated, close to their
clients. The City believes that this site works well for them, and the
proposed user. This also helps to develop the Urban Industrial Park, and
may entice other Companies to this centrally located Industrial Park.
The Petitioner would ask the Board Members to agree that approval of the
Special Exception to allow for additional outside storage as shown 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).
With regards to the Variance requests for Parcel "A ", the first
Variance the Petitioner is requesting, is from the requirement of
providing a 100 -foot wide Rear Residential Buffer -yard and required
perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on- center along the Northern property line to a 0 ft. setback
for a proposed storage area and providing no landscaping. The entire
north boundary of the Petition site is located along the Conrail
Railroad right -of -way, which contains several sets of rails and has a
width of approximately 160 feet. There is also a grade change between
the Petition site and the railroad right -of -way. The tracks are higher
than the site by approximately 10 feet. The Petitioner believes with the
width of the right -of -way and the use being an active rail line, the
required 100 ft. wide setback is not needed, nor is the requirement of
providing landscaping along this portion of the property. The Petitioner
would also state that they own the ground located to the northwest of
the Petition site and that it will be used as the main retention basin
for the Industrial Park. The Petitioner, as part of the development of
the Industrial Park, will be adding additional landscaping on portions
of the basin area. They would hope that the Board Members agree that
approval of this Variance request would not have an adverse impact on
any surrounding property or their values.
The second Variance request is from the requirement of providing a
100 -foot wide Side Residential Buffer -yard and required perimeter
landscaping of one (1) deciduous tree at a minimum spacing of 40 feet
on- center along the Western property line to a 0 foot wide setback for a
proposed storage area and no screening along the West line of the
petition site, but providing a Type "B" landscaping containing a double
4
row of evergreen trees as shown on adjacent proposed Outlot "A" located
West of Petition site. The Petitioner would state that as shown, they
will be providing a double row of evergreen trees on the proposed Outlot
"A" of the Subdivision Industrial Park. As shown this would create a
buffer area of approximately 64 feet between the few existing homes and
the location of the proposed storage area. The properties to the west of
the Petition site have a Zoning classification of General Industrial,
but there are a few homes located in this area. This portion of the
Petition property also contains the main storm sewer line for the
Industrial Park, which transports surface runoff created on the
Industrial Parks' lots to the retention basin shown to the northwest of
the site. This limits the amount of area that can be used for
landscaping containing evergreen or deciduous trees. The Petitioner
would hope that the Board Members agree that providing the 20 ft. buffer
strip along with evergreen trees on the proposed Outlot "A" of the
Industrial Park, that would effectively screen the outside storage area
from the closest home. With this proposed buffer, the Petitioners
believe that approval of this variance would not be detrimental to the
adjacent properties.
The last Variance request is from the required minimum frontage of
150 ft. for a property Zoned "GI" General Industrial District to a
minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The
Petitioner would state that the Industrial Park Subdivision was planned
and approved several years ago, prior to the City's new frontage
requirement being added to the Zoning Ordinance. The lots were shown on
a Primary Subdivision Plat approved through the City's Subdivision
process. The petitioner would request to be allowed to create a lot that
has frontage of approximately 94.50 ft. on a cul -de -sac. The Petitoners
do not believe a variance for the frontage of this proposed Industrial
site would have a negative impact on any surrounding property. As shown,
it allows for the logical development of the Industrial Park which was
envisioned several years ago when the development of this area began.
The Petitioner believes that approval of the above Special Exception and
Variances for this proposed use will not be detrimental to adjacent
properties, nor will it adversely affect the surrounding property
values.
The Petitioner 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
5
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.
Michael J. Danch
President
Danch, Harner & Associates, Inc.
�titEi t C1erl: ' 01 Ice
2
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NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Board of Zoning
Appeals of the City of South Bend, Indiana will hold a public hearing in the
Council Chambers on the 4th Floor of the County - City Building, 227 W.
Jefferson Blvd., South Bend, Indiana on the 18th day of SEPTEMBER, 2008, at 3:00
p.m. or as soon thereafter as the matter can be heard. This hearing is for the
purpose of considering a petition that is on file by The City of South Bend,
12th Floor County -City Building, 227 West Jefferson Blvd., South Bend, Indiana
46601, seeking the following:
A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception
as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning
Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50
ac.) which exceeds the maximum allowed outside storage area of 137,650 square
feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres)
for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana
per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance,
and the following Variance Requests:
PARCEL "A "•
1). A Variance from the requirement of providing a 100 -foot wide Rear
Residential Buffer -yard and required perimeter landscaping of one (1) deciduous
tree at a minimum spacing of 40 feet on- center along the Northern property line
to a 0 ft. setback for a proposed storage area and providing no landscaping;
2). A Variance from the requirement of providing a 100 -foot wide Side
Residential Buffer -yard and required perimeter landscaping of one (1) deciduous
tree at a minimum spacing of 40 feet on- center along the Western property line
to a 0 foot wide setback for a proposed storage area and no screening along the
West line of the petition site, but providing a Type "B" landscaping containing
a double row of evergreen trees as shown on adjacent proposed Outlot "A" located
West of Petition site.
3). A Variance from the required minimum frontage of 150 ft. for a property
Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more
or less along Oliver Plow Court.
The property is presently zoned "GI" General Industrial District.
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLIVER PLOW
COURT, SOUTH BEND, INDIANA, 46601 AND IS LEGALLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT # 3 OF THE PLAT OF
"'OLIVER PLOW WORKS FIRST MAJOR - SECTION ONE" AS RECORDED BY DOCUMENT NO.
0403909 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE,
THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 51.57
FEET TO THE END OF A CHORD WHICH BEARS N. 240-481-22" W. AND HAVING A DISTANCE
OF 50.00 FT. TO THE TRUE POINT OF BEGINNING; THENCE S. 890- 49' -06" W., 370.71
FT.; THENCE N. 00 °- 03' -37" E., 711.30 FT. TO THE SOUTHERLY RIGHT -OF -WAY LINE OF
THE CONRAIL RAILROAD; THENCE ALONG SAID RIGHT -OF -WAY FOR THE NEXT NINE (9)
COURSES, S. 730- 11' -44" E., 88.49 FT. AND S. 730- 06' -44" E., 50.00 FT. AND S.
2
72 °- 59' -44" E., 50.00 FT. AND S. 73 °- 04' -44" E., 50.00 FT. AND S. 73 °- 02' -44"
E., 50.00 FT. AND S. 73 °- 14' -44" E., 50.00 FT. AND S. 720- 57' -44" E., 50.00 FT.
AND S. 690- 16' -44" E., 49.52 FT. AND S. 690- 43' -44" E., 13.33 FT.; THENCE S.
000- 03' -37" W., 514.85 FT. TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF
OLIVER PLOW COURT; THENCE ALONG SAID NORTHERLY LINE AROUND A 60.00 RADIUS CURVE
TO THE LEFT AN ARC DISTANCE OF 94.50 FT. TO THE END OF A CHORD WHICH BEARS S.
440- 56' -21" W. AND HAVING A DISTANCE OF 85.03 FT. TO THE POINT OF BEGINNING.
CONTAINING 6.32 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
Dated this 24TH day of AUGUST 2008.
Board of Zoning Appeals of the
City of South Bend, Indiana
125 South Lafayette Blvd.
Suite 100
South Bend Indiana 46601
Secretary to the Board
TO THE PETITIONER: It is your responsibility to complete this form correctly and
deliver it to the Secretary to the Board of Zoning Appeals with the other papers
at the time of original filing. Once it is signed by the Secretary, then it is
your responsibility to make arrangements to have publication of notice made in a
local newspaper having general circulation in St. Joseph County. Such notice
must be published one (1) time, the first publication being at least ten (10)
days prior to the date on which the public hearing is to be held. Proof of
publication must be presented to the Board at the time of the public hearing.)
fib
r
BOARD OF ZONING APPEALS OF
THE CITY OF SOUTH BEND, INDIANA
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that the Board will hold a public hearing of Zoning
Appeals of the City of South Bend, Indiana, on Thursday, the 18TH day of
SEPTEMBER, 2008, at 3:00 p.m. in the Council Chambers on the 4th Floor of the
County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by The City of South Bend, 12th Floor County -City
Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the
following: A). Special Exception Request: PARCEL "A ": A). Approval of a Special
Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South
Bend Zoning Ordinance to allow for an outside storage area of 196,000 square
feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of
137,650 square feet (i.e. 50% of the proposed lot property area of approximately
6.32 acres) for property located in the 900 Block of Oliver Plow Court, South
Bend, Indiana per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning
Ordinance, and the following Variance Requests: PARCEL "A ": 1). A Variance from
the requirement of providing a 100 -foot wide Rear Residential Buffer -yard and
required perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on- center along the Northern property line to a 0 ft. setback for a
proposed storage area and providing no landscaping; 2). A Variance from the
requirement of providing a 100 -foot wide Side Residential Buffer -yard and
required perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on- center along the Western property line to a 0 foot wide setback for a
proposed storage area and no screening along the West line of the petition site,
but providing a Type "B" landscaping containing a double row of evergreen trees
as shown on adjacent proposed Outlot "A" located West of Petition site; 3). A
Variance from the required minimum frontage of 150 ft. for a property Zoned "GI"
General Industrial District to a minimum frontage of 94.50 ft. more or less
along Oliver Plow Court.
The property is presently zoned "GI" General Industrial District.
THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLIVER PLOW
COURT, SOUTH BEND, INDIANA 46601.
Said public hearing will be held as
Ordinances and Chapter 138, Acts of 1957
Indiana. Any persons desiring to oppose
at that time.
°its =4 s� Clerlc'0. >`
AUG2� r
authorized by the applicable Zoning
of the General Assembly of the State of
or support said petition will be heard
BOARD OF ZONING APPEALS OF THE
CITY OF SOUTH BEND, INDIANA
125 SOUTH LAFAYETTE BLVD.
SUITE 100
SOUTH BEND, INDIANA 46601
d&+dAxy
Secretary to the Board
(574) 235 -9554
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAx: (574) 235 -5541
September 19, 2008
The I lonorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of the City of South Bend
BZA 9/18/08
Dear Council Members:
The above referenced petition of the City of South Bend was legally advertised on September 4, 2008. The Board
of Zoning Appeals gave it a public hearing on September 18, 2008, at which time the following action was taken:
Upon a motion by Mr. Sassano, being seconded by Mr. Hoffman and unanimously carried,
the petition for Special Exception for the City of South Bend to allow an outside storage area, on property
located in the 900 block of Oliver Plow Ct., 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 N/linutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report.
'nc rely,
rocs D. Markle
-siun /Plan Review Specialist, R.A.
JDM /cah
CITY OF SOUTH BEND
(Oliver PlovV Ct.)
SPECIAL. EXCEPTION PURSUANT 21- 09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE PROPOSED USE \FILL NOT BE INJURIOUS TO THE- PUBLIC HEALTH.. SAFETY. COMFORT.
C O: \1 \Il <ITY \10RAL STANDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE:
I)c�\ elahment and u c 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 ofthe community.
THE PROPOSED USE WILL NOT INJURE- OR ADVERSELY AFFECT THE LIS'E OF THE AD.IACE-NT
AREA OR PROPERTY VALUL-S THEREIN BECAUSE:
The Variance or use shall improve the appearance ofthe neighborhood and will not devalue the
:urn,un.�iin� properties.
1 -111 PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
I'l IS LO('AT D AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance. which creates a different condition for this property.
4. ]-HE PROPOSED USE IS COMPATIBLE WITH TIIE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND C0,1IPREHENSIVE PL: N BL-CAUSE:
It is the feelimu ofthe Board that the variance is blending into the overall Comprehensive Plan and is not
dcViatine finnn it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT 1S THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
(',rmni0n C'ounril With a: FAVORABLE RECONINIENDATION
11.1) thi> I th DaV oI September. 200S
1'IS
NO
.-ABSENT RICH.1P.D K I L B A S E
® C HRISTOPH HOFFMAN
DAVID SASSANO
® MAURICE HOBAN
® ELONDA NVILDE-R- HAMILTON
,i ,I
J)V-14 Vanch, Harner & Associates, Inc.
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
RE: Special Exception Petition for the City of
South Bend for property located in the 900 Block
of Oliver Plow Court, South Bend, Indiana:
Dear Council Members:
August 24, 2008
Our clients are requesting the approval of a Special Exception
for their property located in the 900 Block of Oliver Plow Court,
South Bend, Indiana. This Special Exception will allow the
petitioner to increase the amount of area of their property that can
be used for outside storage.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing industrial uses in this
portion of the Oliver Plow Industrial Park.
If you have any questions concerning this matter, please feel
free to give me a call at 234 -4003.
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File # 080198 Md. "C°
1643 Commerce Drive ■ South Bend, IN 46628
office 574/234 -4003 ■ 800/594-4003 ■ Fax 574/234 -4119
Filed In Clark's 0111CO
[E- 2008
JCF4D1 v; RDE
CITY CLERK, S0. SEND, IN._
208 West Mars n Berrien Springs, MI 49103
Office 2691471 -3010 ■ Fax 269/471 -7237
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.. PEN S,,AC .. .............. I ..............
.... .. <2 ,�R4 ...3.46
51. AP.EA eY ..E: :.Q. FT. GF SITE A.
n'N.: P.L TLC !ice .. ........
_1. ,A +EC 12.33
Ci- G T_zL. _ Cie+GE "EA. T4F, CCC 71.20
..;. OFE!: g'F.CE ......................^v.. y... < 3 .c -r .,i3...9
61 A_':. PAXING SPACES ARE 9'x20' O ALT HALL :CAP A= SHALL MEET
EO IR L ALA STIR11Z.ARDS. BUILDING ItG E^, W _]CE WILL BE AAA CE IH -E.
7; .,E IS TO BE :Pt..EC By P T': RACE
k O- AI EKIsT.N F .:T ION F,IN AC�l __.T .� .iF n..
S`:OWN CC; S /DE =FACE AkLA.
x,. THE ___..C_..; 'rlIL1 __ ,:.NNECT-D TO _TTY r,.,_rk A!:L __'RAC_
ANY, IRFORMVION GN THIS DRAWING IS NOT R! r:NDED TO BE SUITABLE FOR REUSE
BY AW PERSON, FRM OR COP.POPADCO CM ANY OTHERS ON EkrVi H OF THIS
PR:UEGT OR FOR ANY USE ON ANY GTMR PROTECT. ANY REUSE WITHOUT WRTITN
VERIFIGAT AND AOOPTFJN BY THE ENONEER, ARCHITECT OR SUVEYOR FOR THE
SPECIFIC PLWOSE INT.NDED WILL BE AT THE USERS SOLE RISK -0 -TKT WBNITY
OR LEGAL EI(POSURE TO THE ENGWEDt. ARCHITECT OR SUR4".
ALL UNOERGROIND UPU ES MUST BE fEiD VER6IED BY THE
CONTRACTOR BEFORE ANY CONSIRA;rKKH MAY BECK
BZA SITE PLAN
PART OF THE SOUTHWEST QUARTER SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
i FC -Ar oESCRIPnON
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11. TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT if 3 OF THE PLAT OF -OLIVER
PLOW WORKS FIRST MAJOR - SECTION ONE- AS RECORDED BY DOCUMENT NO, 0403909 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE, THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 51.57 FEET TO THE END OF
A CHORD WHICH BEARS N. 24- 48' -22' W. AND HAVING A DISTANCE OF 50.00 FT. TO THE TRUE POINT OF BEGINNING; THENCE S
89'-49' -06' W., 370.71 FT.; THENCE N. 00'- 03P-37' E., 711.30 FT. TO THE SOUTHERLY RIGHT -OF -WAY LINE OF THE CONRAIL RAILROAD;
THENCE ALONG SAID RIGHT -OF -WAY FOR THE NEXT NINE (9) COURSES, S. 73'- 11' -44' E., 88.49 FT. AND S 73'-06' -K' E., 50.00 FT.
AND S. 72'- 59' -H' E.. 50.00 FT. AND S 73'- 04' -44' E., 50.00 FT. AND S 73'- 02' -44 E., 50.00 FT. AND S 73'- 14' -44' E., 50.00 FT.
AND S. 72'- 57'-44' E., 50.00 FT. AND S. 69'-16' -44' E., 49.52 FT. AND S 69'- 43' -k' E., 13.33 FT.; THENCE S. 00'- 03' -37• W.,
514.85 FT. TO A POINT ON THE NORTHERLY RIGHT -OF -WAY UNE OF OLIVER PLOW COURT; THENCE ALONG SAID NORTHERLY LINE AROUND A
60.00 RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 94.50 FL TO THE END OF A CHORD WHICH BEARS S. 44'- 56' -21' W. AND HAVING
A DISTANCE OF 85.03 FT. TO THE POINT OF BEGINNING.
CONTAINING 8.32 ACRES MORE OR LESS. -
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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(rep. N 870'38' E 235.00')
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SIDE -YARD SETBACK LINE
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REAR RESIDENTIAL BUFFERYARD
O100'
SIDE RESIDENTIAL BUFFERYARO
OD
30' FRONT -YARD SETBACK LINE
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31. S7'
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R.L. HARNER, R.L.S. J91CO32
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VICINITY MAP 1"=2000'
23 22 FF
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THE CITY OF SOUTH BEND
12TH FLOOR COUNTY -CRY BUILDING
227 WEST JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601
(ElID..37ID2'mS
DANCH, HARNER A: ASSOCIATES, INC.
1643 COMMERCE DRIVE
SOUTH SEND. INDIANA 46628
A). Special Exception Request: PARCEL 'A': A). Approval of o Special r c.;M- as allowed
under Section 21 -04-02 (2)(8)(Ili) of the City of r.0 Bend Zoning ordinance to snow
for an oWlde etoroge area of 196,000 square feet (1 -.. 4.50 c.) which ascaeds the
m avowed outside storage a- of 137,650 square feet (.... 5OX of the propowed
lot property area of approximately 6.32 acne) far property located in the 900 Black of
OINer Plow Court, South Bend. Indiana per Section 21 -04 -02 (2)(8)(W) of the City of
South Bend Zoning Ordinance, and the following Variance Requests:
PARCEL
1). A Voriarxce from the requirement of providing o 100 -foal wide Rear Residential
Butter -yard and required perimeter landscaping of one (1) deciduous tree at . minimum
spacing of 40 feet on -c ter along the Northern property line to 0 0 N. setback far a
proposed storage arse and providing no landscaping;
2). A Varlance from the rmo ern-t of P- 'iding a 100 -foot wide Side Residential
Buffer -yard d required perimeter land -ping of a (1) deciduous tree at a minimum
pacing of 40 feet on- center along the Western property line to -a 0 foot wide eethack
far a F.P. eed storage area and o screening along the West line of the petition wit., but
providing * Type 'B' landscaping ...tolninq o double row of evergreen trees os nh... on
adjacent proposed Outlot 'A' located West of Petition vile.
3). A V.Ho from the required minimum frontage of 150 R. for a Property Zoned 'GI'
Generat InduL I District to a minimum frontage of 94.50 ft man or Is. alai Oliver
Plow Court.
The property is presently zoned 'GI' General Industrial District
EI`SEM� /
975,± o
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LOT #3
OLIVER PLOW WORKS FRET MAJOR- SECTION ONE
y, DOC. /0403909
a,elllK4III 'Sri
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rte.
• 910032 _
STATE OF
A'IINIUUe•``
0 60 1 120 180
SCALE 1" = 60'
I
qLIRVEYM Ae ENGINEERS,
DANCH. HARNER hmSSOCIATES. INC.
1643 Dam DfN.
SOUTH BEND, IN. 46628
(574) 234 -4003
A1TN: MICHAEL J. DANCH
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