05-11-09 Common Council Meeting Agenda & Packet

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~, Owner's intent is to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. The existing structure on the west side of the development was built in the 1960's and the setbacks, curb cuts, parking and drive layout are essentially as is. Improvements are planned to address the landscape ordinance in part, as per the proposed site plan. Based upon our review of the project with Chuck Bulot, the City Building Commissioner, and John Byorni, we propose split zoning of the parcel to allow for maximizing the potential of the building and parcel. The east half~will retain the Gl zoning. This half of the building houses, or has housed, auto towing, wholesale plumbing supply, small, motor repair, warehousing, etc. The west half of the building will be rezoned to CB (Community Business) zoning. This half of the building houses or has housed office, retail sales, wholesale sales, clothing retail and other similar uses. The auto sales office would be located in this area (tenant space "F") and there would be 12 spaces far auto sales dedicated along Olive Street, at the south west portion of the parking lot .(see site plan). 20 foot wide off-site dedicated access easements are recorded along the north and south property lines (see site plan) to allow vehicular access to the west part of the development. Dumpsters are located at the east area of the building. The special use and variances proposed are based upon a split zoning of the existing parcel. The present zoning, which is "GI" general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The project and site plari has been reviewed with the City Building Commissioner, Chuck Bulot, the BZA Zoning Administrator, Mark Lyons and John Byorni of the APC: In accordance with requirements for variances, under the present and proposed zoning, the following is acknowledged that: a. The approval will not be injurious to the public health, safety, morals and general welfare of the community; as the building was in a state of disrepair and since 2002 has undergone significant improvement and has a higher rate of tenant occupancy. Granting the variances and special exception will allow 244 S Olive LLC the ability to continue further improvements to the facility and grounds. 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; in that measures are being taken to improve the quality of the tenant businesses in the facility and also in the design of the site. Proposed landscape improvements are being added to make this property more attractive. c. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; I( I L ARCHITECTURE PLANNING www. kilarchitedure. com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 286.2654 VOICE 289. 242D FAX