HomeMy WebLinkAboutSpecial Exception - 244 South Olive StreetRESOLUTION
3969-09
Passed by the Common Council of the City of South Bend, Indiana
May 11
Attes
City Clerk
dent of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 12 2009
Approved and signed by me May 14, 20 09
-r ~
20 09
City Clerk
RESOLUTION NO. 3~~`~--~ \
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
244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619
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 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:
244 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619
in order to permit
SPECIAL EXCEPTION FOR EXTERIOR AUTO SALES IN
"CB" COMMUNITY BUSINESS DISTRICT
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 files 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;
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 special
exception will allow AMV Family Limited Partnership, the ability to continue
further improvements to the facility and grounds.
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
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.
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
In that the building is surrounded by GI (General Industrial) zoned parcels.
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
As approving the special exception will allow this facility to house the varied uses
that are compatible with the City Comprehensive Plan.
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.
j
ember of the Common Council
PRESENTED ~ l ~ ' ~ ~
MOT APPROVED
~;pOPTED S' t ~ - c7
~,1AR 2 4 2CC9
JOtitV VOOPBE
CITY Ci£ii}~, 50.E =a~i?, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-35 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 244
SOUTH OLIVE STREET, SOUTH BEND, IN 46619
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituted with a reduction of money.
Ann Puzzello
Chairperson, Committee of the Whole
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME AMV Family Limited Partnership PHONE (574) 289-2959
ADDRESS 58255 Ramblewood Lane, South Bend, IN 46619
ADDRESS OF PROPERTY 244 South Olive Street, South-Bend, IN 46619
PRESENT ZONING OF PROPERTY "GI" General Industrial District and "CB" Community Business District
(split zoning_pendin~ APC approval)
OWNER'S NAME AMV Family Limited Partnership PHONE (574) 289-2959
ADDRESS 58255 Ramblewood Lane South Bend IN 46619
COUNSEL OR CONSULTANT Gre~ry A. Kil of Kil Architecture/Planning_PHONE (574) 288-2654
ADDRESS 1126 Lincolnway East, South Bend, Indiana 46601
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
For the CB Zoned Parcel (West Parcel}:
1. .Special Exception for exterior auto sales in "CB" Community Business District
2. Front yazd use setback variance from 15' required to 5' to allow for parking
3. Foundation landscaping variance to that provided on the West facade as per the site plan.
4. Perimeter landscaping variance from that required to what is shown on the site plan
5. Off-street pazking area screening at front yard from that required to none provided
6. Interior-off-street parking landscaping from that required to what is shown on the site plan
7. Dempster enclosure variance to no gate and landscape provided
For the GI Zoned Pazcel (East Pazcel):
1. Perimeter landscaping variance from that required to none required
2. Dempster enclosure variance to none provided
I attest under the penalties for perjury, that the foregoing representations aze true.
Signature of Property O (s)
S
March 24, 2009
Board of Zoning Appeals of the City of South Bend
125 South Lafayette Blvd.
South Bend, IN 46601
Re: Special Exception and
' Variances as described below:
for
Property commonly described as
244 South Olive Street
South Bend, IN 46619
Dear Commission Members:
The owner of 244 South Olive Street, request consideration of the Special Exception for
the CB Zoned lot and Variances described as follows:
For the CB Zoned Parcel (West Parcel):
1. Special Exception for exterior auto sales in "CB" Community Business District
2. Front yard use setback variance from 15' required to 5' to allow for parking.
3. Foundation landscaping variance to that provided on the West facade as per
the site plan.
4. Perimeter landscaping variance from that required to what is shown on the
site plan.
5. Off-street parking area screening at front yard from that required to none
provided.
6. Interior off-street parking landscaping from that required to what is shown on
the site plan.
7. Dumpster enclosure variance to no gate and landscape provided.
For the GI Zoned Parcel (East Parcel):
1. Perimeter landscaping variance from that required to none required
2. Dumpster enclosure variance to none provided
for the property located at 244 South Olive Street, South Bend, IN 46619
The existing multi-use building was the former Romy Hammes Auto Dealership and was
purchased by AI VanOverberghe in 2002. The present zoning is GI (General Industrial).
In order to accommodate exterior auto sales, a rezoning of the west portion of the parcel
and a special exception for exterior auto sales (and variances) are requested. The
K I L
ARCHITECTURE
PLANNING
www. kilarchitedure.com
1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX
~_
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 GI 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 for 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 plan
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;
K I L
ARCHITECTURE
PLANNING
www. kilarchitedure.com
1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX
1
The Owner wants to provide space for a car sales office and exterior car display,
which is what the original building was designed to do. There are no adjacent
residential uses. Given that there are no changes to the exterior of the building
.required to accommodate the car dealership, the strict interpretation of the
ordinance requires that the site be brought into compliance with the ordinance.
Some basic landscape improvements are planned, and variances from setbacks
are requested, based on the split zoning. Installing landscape parking screening
along the west lot line is problematic in that the existing parking area is close to the
street and snow and road salt from plows would have a negative impact on their
survival. Overhead aerial power lines along an easement at the west lot line
prevent taller shade trees from being planted, so smaller ornamental trees are
proposed.
d. The proposed use will be consistent with the character of the district in which it is
located and the land use authorized therein;
In that the building is surrounded by GI (General Industrial) zoned parcels.
e. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
As approving the special use and variances will allow this facility to house the
varied uses that are compatible with the City Comprehensive Plan.
On behalf of the Owner, AI Van Overberghe of AMV Family Limited Partnership, we thank
you for considering the special exception and variance requests.
Sincerely,
w\
\/
Gregory A. Kil, NCARB, AIA
Architect
Kil Architecture /Planning
1126 Lincolnway East
South Bend, IN 46601
Phone (574) 288-2654
Fax (574) 289-2420
gkil kilarchitecture.com
Cc: AI Van Overberghe
file
K I L
ARCHITECTURE
PLANNING
www. ki larch itedure. com
1126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 269. 2420 FAX
7
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SOUTH OLIVE STREET
- - -¢
Z SITE PLAN '° '° ^°
SCALE: 3/64" = 1'-0"
FUIURF Cg15RB1CROH W [B
ZOMNG
LCC~ PROPMCp AUiO SuCS
~~~`~ IENAni 'C
/ / ExISiwC BIIdCWC IN CI 101RNG
® E%ISRNG BUIIUWG In CB 1WING
PROPERtt uN[
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BE REZDRED f0 CB
COYYUMiT BUSWESS
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KEYED NOTES:
O ORNALCNiH RKC$ W PLANDNG
AREAS-CUi TROY E%I$TWG ASPHALT
R fWAgAlIOp LANOSCAlWC
(N ]6- P 1004 Poi5)
O Ex1S1wG CgICRLff SIOEWNK
O ALLESSIOLC D1RB RALP
O CONCRETE WNK
TABULATED DATA:
GROSS SIZE SF k ACREAGE: 05.981 SF d
1.911 ACRES
PROPOSED LWD USES •
AUl0Y0BLLE SAFES d SERNtt '
gJwC. ~~
DiFlCE / PROFESSIONAL SERNCES
PERSWAL SERNtt
AEROgCi /DANCE STIx)q
REIAA Si0RC5
CSTIYATED NUYDER 6 PARKNG SPACES K I L
REIXAREO IRD FRONDED: ARCHITECTURE
B9 REO'0 d 99 FRONDED P L A N N I N G
ttNERAl IAND COKRACE PERCENGffS B O U T HOB NYO I N
BU%DWC4 11,796 3. 16% 1 8 0 D I
PA5E0 AREAS: 59,510 Sf • 69% GREGORY A KIL
OPEX SDAtt: 1,0]B ff• SE N C A R B A I A
AR(:H ITECT
STORM DRAINAGE: 6 7 4 .2 6 6.2 6 6 4
R0S PROECT WES NOi [REAR AYY F A%. 1 1 9 . 1 1 1 0
ADgigNAL HAftp SUNlACfS IN PAN:D wxw'YJkrt3Wedure.coin
PARKING 0R W BU%A'NG R00lS NMD
SURFAtt AREA IS RCWttO BY 715 $f 8Y ~~
CREADON Q< LANDSCAPE ISLANDS
REOUIREDDFF-STREET PARKING:
iABLC 11-O.I.D1E:
AUIOYOBIIE SIZES:
I SPACE PER ]00 4 S11E5 BOOR EXCCECING o`~^~~'` ~~~'r
IOq) SF 1 ? -
RUS t SPACi PER 1000 Y OPCN ARG 1 • `Nw Alba: •//
i01A1 . Z SPA65 REOb ~'~~-~%`/
AUIpY011K REPAIR: (`
1 PARKWG SPACES PCR SERNtt BAY • 1
PLUS ] CUSIOYER MACES
roru . t srACTi REO~o I
NDUSiwAy. ASSEYftY OR YNIIKA(IURING
5,000 Sf % 1 SPACE RR 1000 Sf . 1
SPACES RCOb
NOUSiWAL WARCHWSC OR DISRiI011RON.
]1,000 S % I SPAU PCR JD00 A . u
SPACCS RCO'D
YCDN:AL d DENiAI CUMLS
1 00Ci0R5 % 5 SPAtti P[R OOCigt . )ji
~'"°FS ~`°° 244 SOUTH
1,1]9 Y % J.B 9'ACCS PER I,D00 Sf . Ij
Dmtti OLIVE ST.
SPACES Rra'o
RCTNL. WR:GRAICD DCNICR$ < IW,000 Y: AW FAYLY UI%IEO PAARF161P
11,50° S( GROSS IEASABLE AREA % / SPACES 58255 RAMBtEWO(ID LANE
PER 1000 Sf . SD ffACEi Rrob SOUTH BEND, INDVWA
DEd[A1ED AUiO YlCi SPAtti . 10 (574) 289-2958
f~1K RfgxRrO PMKING ACCK .111
Iwmn~o mAGrs ao SITE PLAN FOR
REZONING, SPECIAL
EXCEPTION &
VARIANCES
DATE:
V '~'"R MARCH 24, 2009
REVISED:
~~LOCATION PLANPLAN
NOT TO SCALE
C1.2
AMV Family Limited Partnership List of Adjacent March 24, 2009
Variance Petition Property Owners Page 1 of 1
018-4096-358110 018-4096-358111
Safety - Kleen Corp 018-4096-358107
c/o Burr Wolff
P.O. Box 27713
Houston, TX 77227
018-4096-3579
Jabez Holdings LLC
137 S. Olive Street
South Bend, IN 46601
018-4096-357901
Jeffery Boocher
2425 Western Ave.
South Bend, IN 46619
018-4096-357902
Polish National Alliance #83 Star of VIC
2401 Western Ave..
South Bend, IN 46619
018-4096.358116
AMV Family Limited Partnership
58255 Ramblewood Ln.
South Bend, IN 46619
018-4096-358104
Ryan Freund
52020 Justine Dr.
South Bend; IN 46628
018-4096-358115
Derider Capital Inc.
618 Sweetwater Cove BI. South
Longwood, FL 32750
018-4096-358117 018-4096-358103
Derider Capital LLC LaSalle Inc. Wells Fargo Bank
700 Sweetwater Blvd
S c/o PRP TX
.
.
Longwood FL, 32779 2315 Western Ave.
South Bend, IN 46601
018-4096-357904 018-4096-357903
GTEM Partners RLR Investments LLC c/o R&L Carriers
6900 Poe Ave. 600 Gilliam Rd
Dayton, OH 45414 Wilmington, OH 45177
018-4096-358114 018-4096-358109
South Bend Heritage Foundation Inc. Hendricks Development Group
803 Lincolnway West 655 Third St.
South Bend
IN 46616 Suite 301
, Beloit, WI 53511
018-4096-358102
Indiana Postal Holdings LLC
123 Grove Ave.
Suite 222
Cedarhurst, NY 11516
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
April 17, 2009
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
BZA 4/16/09
Dear Council Members:
The above referenced petition of AMV Limited Partnership was legally advertised on March 28,
2009. The Board of Zoning Appeals gave it a public hearing on April 16, 2009, at which time
the following action was taken:
Upon a motion by Mr. Kilbase, being seconded by Ms. Wilder-Hamilton and unanimously
carried, the petition for Special Exception to allow exterior auto sales in a "CB" Community
Business District, on property located at 244 S. Olive St., 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.
Sincerely
Charles C. Bulot
Building Commissioner
CCB/cah