05-11-09 Common Council Meeting Agenda & Packet

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Board of Zoning Appeals -April 16, 2009 AIYIV FAMILY LIMITED PARTNERSHIP The petition of AMV Family Limited Partnership seeking a Special Exception to allow exterior auto sales in a "CB" Community Business zoning and for the following variances: from the required 15' front yard setback to 5' for parking; from the foundation landscaping to landscaping as provided on the site plan along the west facade; from the required perimeter landscaping to landscaping as shown on the site plan for the west parcel and to none for the east parcel; from the off street front parking area screening to no screening; from the interior off street landscaping to landscaping as shown on the site plan; from the required dumpster enclosure to no gate and landscape as shown on site plan for the west parcel and from the required dumpster enclosure to no enclosure for the east parcel; on property located at 244 S. Olive Street. This property is zoned "CB" Community Business and "GI" General Industrial. MR. GREG KIL: With Kil Architecture and Planning with studios located at 1126 Lincolnway East in South Bend. I have with me Al VanOverberghe, the owner and we're hereto present the variances as outlined and the Special Exception. One thing to note is that concurrent with the variances and Special Exception is a rezoning that is going to be heard in front of the Area Plan Commission shortly and that agairi is for the west parcel. This will be split zoning on one parcel in that the west half of the site will go to the "CB" zoning. And what started this variance and Special Exception today is the desire for one of our client's tenants to have exterior auto sales as part of a tenant space and some exterior parking areas for auto sales on the west side of the lot. If you may recall, this building was Romy Hammes sales office and service years and years ago and Mr. VanOverberghe purchased the building within about the last six years ago. Has done improvements and has increased the occupancy of the building. In looking at the building which is sort of a number of different uses. That east half really fits for the industrial use, General Industrial zoning so we've retained that use. We've met with the zoning administration, Building Department, Area Plan to review what sort of the best option in terms of maximizing the zoning that fits the difference between the east half of the building and then that west half of the building is more office, sales, and some retail. With this variance and Special Exception and rezoning, it did force some additional compliance items and that's what we're putting in front of you today for consideration. In improvements to the site and dealing with landscaping as per the plan, the setback issues as noted. We've got right now no enclosures around the dumpsters sb we are improving the dumpsters with the three sided enclosure for the west parcel. The dumpsters on the east side are behind the building and not visible to the public way and there is no residential around the property. In front the parking screening is requested to be part of the variance because of the depth of the space and the fact that the snow plowing of the .street would be a problem if this were a new development there would be further setbacks and landscaping would be a little more predictable to be maintained in that area. As far as perimeter landscaping we're showing some of the perimeter with trees in areas where we do have some of the island parking and so we're improving it but not approaching wood. It's otherwise an existing condition and so we would ask that you consider these requests and if there's any questions, I'd be happy to answer those at this time. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition.