Bill 16-38 Zoning Appeals for 2926-3302 W Sample St.

Home Browse Search

PETITION FOR SPECIAL EXCEPTION AND VARIANCE 2926 -3302 WEST SAMPLE STREET — PARCEL NOS. 018 - 8075 -2820, 018 - 8075- 282402, 018 -8075- 282405, AND 018 - 8112 - 421201 (8.11 ACRES + / -) CURRENT ZONING CLASSIFICATION: "GI" — General Industrial District, City of South Bend PETITIONERS: Insurance Auto Auctions, Inc., Two Westbrook Corporate Center, Suite 500, Westchester, IL 60154, Tel: (708) 492 -7033 — Attn: Rod Schlenker rschlenkergiaai.com (Tenant) Sample Street Associates, LLC, 4100 Edison Lakes Parkway, Suite 350, Mishawaka, IN 46545, Tel: (574) 485 -1530 — Attn: Noah Davey noandavey&cressyandeverett.com (Owner) PRESENTED BY: Brian McMorrow, Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend, IN 46601, Tel: 574- 232 -8700 ext 22, bmcmorrowgabonmarche.com Petitioners seek permission to temporarily store motor vehicles on the subject vacant parcel, to do so on more than 50% of the property, and utilize the services of a wrecker. Petitioners also seek relief from strict conformance with Section 21 -04.02 of the "GI - General Industrial District" which requires perimeter yard landscaping along all lot lines (emphasis added). Instead, Petitioners are seeking a variance from the required perimeter landscaping to no perimeter landscaping on the north and east sides, and partial landscaping along west and south side as shown on the attached site plan. (a) The proposed special exception use and variance will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: a. The site will be completely enclosed and secured by a fence; and b. The delivery and pick -up of motor vehicles is conducted on -site (not in the public right -of -way) and therefore not interfere with pedestrian or motor vehicle traffic on public streets and sidewalks. (b) The proposed special exception use and variance will not injure or adversely affect the use of the adjacent area or property values therein because: a. The neighborhood already includes among its current uses an auto body shop, a tool supply store, and industrial metal fabricators, several of which already store motor vehicles outdoors. b. The Petitioners are proposing to maintain the existing frame structure and lawn more or less as it is today in appearance AND remove that portion of the existing chain link fence which is near the right -of -way line today and construct a new fence 30' back from the right -of -way. Within said 30' area, a lawn and vegetative buffer will be planted, improving the streetscape as viewed by motorists and pedestrians on West Sample Street. (c) The proposed special exception use will be consistent with the character of the district in which it is located and the land uses authorized therein because: a. Automotive uses are already permitted in the zoning district the outdoor storage of products or materials are anticipated as "special exceptions ". In this case the "product" or commodity is the motor vehicle. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because: a. The subject property is NOT within the current Plan's Sample -Ewing Development Area. The proposed use will provide an economic return and adaptive re -use of an otherwise properly zoned, but vacant property which offers no benefits at the present time. 0: \Projects \2016 \16 -0184 Insurance Auto Auctions Inc \Permits & Plan Review \BZA - Special Exception