HomeMy WebLinkAboutApproving a petition of the area board of zoning appeals for 2610 Prairie Ave.Attest:
RESOLUTION
No. 4531 -16
Passed by the Common Council of the City of South Bend, Indiana
February 22, 1 20---1-Q
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 23, 20 16
Approved and signed by me �� ��' '2 3 20L°_ .
City Clerk
Filed in ice
12 L:016
RESOLUTION NO. 45 31
CITY CLERK, Sf;. ;LEND, ENV
A RESOLUTION OF THE COMMON COUNCIL OF THE y
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
2610 Prairie Avenue
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:
2610 Prairie Avenue
in order to permit
Fast Casual Restaurant with drive -thru /pick -up window(s)
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:
I . 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 full force and effect from and after its adoption by the
Common Council and approval by the 7 ;
Member of the Common Council
R :!'. 3 11ice
! IAN 12 2016
L__.._ - .- . -- .
K 4PE -5MAH FuWLER
► _,fir;, SOUTH BEND, IN
PRESENTED
NOT A.nppowr)
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235 -9554
FAX: (574)235 -5541
January 7, 2016
The Honorable Common Council South Bend
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Bruno and Rose Cataldo
02/03/16
Dear Council Members:
The above referenced petition of Bruno and Rose Cataldo was legally advertised on January 14, 2016. The Area
Board of Zoning Appeals gave it a public hearing on February 3, 2016, at which time the following action was
taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and by a unanimous vote, the petition
for Special Exception to allow a Fast Casual Restaurant with a drive through window in a "LB" Local
Business District, on property located at 2906 Prairie Avenue, Portage Township, 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.
Sincerel
Charles C. Bulot, C.B.O. Building
Commissioner
CCB /cah
_ND, IN
PETITION
SPECIAL EXCEPTION PURSUANT 21- 09.3(D)
AREA BOARD OF ZONING APPEALS
CATALDO
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
A.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 USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
A.The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS
LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
A. Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
A. 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: E C!0r klonity Office
.13 2
DECISION Fh `,r)(JT
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be pas of
South Bend Common Council with a:
FAVORABLE RECOMMENDATION
ADOPTED this 3 Day of February
2016
MOTION
SECOND
RECUSED
ABSENT
YES
NO
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7
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0 MICHAEL URBANSKI
❑
❑
❑
❑✓
❑ RANDALL MATTHYS
❑
❑
❑
❑
✓❑
❑ KATHY SCHUTH
❑✓
❑
❑
❑
❑�
❑ GERALD PHIPPS
❑
❑
❑
❑
❑✓
❑ JACK YOUNG
❑
❑
❑
F
❑
❑ ROBERT HAWLEY
❑
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V
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BRENDAN CRUMLISH
NOTICE OF PUBLIC I- IEARING
Notice is IZcreby given to all interested persons that the Area Board of Zoning Appeals 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 3rd day of _ February , 2016 , at 1:30 p.m. or as soon thereafter as the
matter can be heard. This hearing is for the purpose of considering a petition that was
Filed by: Bruno and Rosa Cataldo
Seeking:
Permission to construct a Fast Casual Restaurant with drive -thru /pick -up window.
On real estate commonly described as:
2610 Prairie Avenue, South Bend, IN 46614
and is legally described as follows:
Lot 2±n Hollingsworth Prairie Avenue Minor Subdivision as recorded December 26, 2006 under
Instrument Number 0654912 in the Office of the Recorder of St. Joseph County, Indiana.
Dated this lid day of , Q�0/ 6:1
Area "loard of Zoning Appeals Dare
Carolyn A. 1 -1 iry
Secretary to t e Board
v t4 ,�
OF
� FIlFd O��rc
i 4AA�4lS
TO THE PETITIONER: It is your responsibility to complete [his form correctly and deliver it to the Secretary
of 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, being at least ten (10) days prior to the date on which the
public hearing is to be held. Prouf of publication must be presented to
the Board at the time of public hearing.
PETITION FOR SPECIAL EXCEPTION
8610 PRAIRIE AVENUE - PARCEL NO. 018-8153-551401(2.75 ACRES + / -)
CURRENT ZONING CLASSIFICATION: "LB" — Local Business District, City of South Bend
PETITIONER: Bruno and Rosa Cataldo, 22027 Liberty Highway, South Bend, IN, Tel: 574 -532 -0762,
johnbrunoospizza gmail.com
PRESENTED BY: Brian McMorrow, Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend,
IN 46601, Tel: 574- 232 -8700 ext 22, bmcmorrow@abonmarche.com
Petitioners seek permission to construct a Fast Casual Restaurant with drive -thru /pick -up window on the
subject vacant parcel.
(a) The proposed special exception use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare because:
a. Only one (1) ingress and egress drive is proposed along Prairie Avenue where only one
(1) would otherwise be permitted anyway, thus not increasing potential for vehicular
conflicts or vehicular- pedestrian conflicts.
b. Site will be illuminated at night at levels which are consistent with published standards of
the City of South Bend and industry standards, thus providing a safe environment at
night.
c. The option of a pick -up window for meals is a welcome convenience for many motorists,
especially those with children, the elderly, or disabled.
(b) The proposed special exception use will not injure or adversely affect the use of the adjacent area
or property values therein because:
a. The Local Business District already includes among its permitted uses " "Restaurants —
Fast Food" (but without drive -in or drive -thru service), "Restaurant — Family ",
Restaurant — Family, with Lounge or Tavern". By permitting a Special Exception to
allow drive- thru/pick -up option for restaurants known in the industry as "Fast Casual"
(rather than "Quick Serve Restaurants" which have limited table seating), the site may be
more attractive to restaurants which are popular with families and se»iors — an
compatible with both the Local Business District of its adjacent properties on the same
side as Prairie Avenue and compatible with dining preferences of the residents of
properties on both the opposite side (single family detached dwellings) and same side of
Prairie Avenue (multi- family dwellings).
(c) The proposed special exception use will be coisistent with the character of the district in which it
is located and the land uses authorized therein because:
a. The exterior design of the proposed use will be consistent with Restaurants which are
already permitted in the district.
b. The proposed use will contribute to meeting the daily needs, of nearby residential
neighborhoods.
R \Project; \2015 Projects \15 -0963 Cataldo Bruno's Pizza, 2610 Prairie Ave \Permits \Rezoning Petition
(d) Strict application of the terms of the zoning ordinance will result in practical difficulties in the use
of the property because:
a. The public expects the option of drive - through /pick -up service for restaurants that cater
to families and seniors. The inability of the Petitioner to offer this option will
compromise the economic viability of prospective business.
Signed by PETITIONER:
PRESENTED by:
Brian McMorrow, Abonmarche Consultants, Inc.
Filed din�U.lerk's OficO
FEB 002016
IARE1:MAw FOWLSA
CITY CLf =RK, SOUTH BEND. IN
F: \Projects \2015 Projects \15 -01% Cataldo Bruno's Pizza, 2610 Prairie Ave \Permits \Rezoning Petition
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