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Special Exception - 3520 Western Avenue
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Special Exception - 3520 Western Avenue
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Last modified
10/16/2007 4:16:25 PM
Creation date
10/16/2007 4:13:58 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
8/27/2007
Ord-Res Number
3778-07
Bill Number
07-93
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2 <br />The Petitioners are the owners of the real estate parcel shown on <br />the attached site plan and as shown in the records of the St. Joseph <br />County, Indiana Auditor's office. The Petition property presently has a <br />Zoning classification of "LB" Local Business District. The Petitioners <br />are also the owners of the building located on the Southwest corner of <br />Western Avenue and Kenmore Street, which is across Kenmore Street from <br />the Petition Site. The Petitioners desire to begin the operation of a <br />restaurant facility in the existing building located on said Southwest <br />corner. The existing building presently takes up a large portion of the <br />property, which leaves very little land available for parking. The <br />Petitioners also acquired the property shown as Parcel "A" on the <br />attached site plan and they would desire to use that property for <br />parking for their restaurant facility. After discussions with the <br />Building Department staff, it was determined that in order to use Parcel <br />"A" for parking for the restaurant facility, a Special exception is <br />required to be approved. <br />In regards to the Special Exception to allow for off-site parking, <br />the Petitioners would state that there is not enough land available on <br />the same property as the restaurant facility, which leaves the only <br />viable alternative to use a parcel of ground which is located as near as <br />possible to the building. As shown, the proposed 24 space parking area <br />will meet the latest City standards for setbacks and will also be <br />landscaped per the City's Zoning requirements. The parking area will be <br />screened from the single-family homes located on the South side of the <br />existing Public Alley by an evergreen screen. Drainage will be handled <br />on-site, per the latest City standards in a retention area. The parking <br />spaces will also be screened by low shrubbery along both Western Avenue <br />and Kenmore Street. <br />The Petitioners would ask the Board Members to agree that approval <br />of the Special Exception to allow for off-site parking for the <br />restaurant facility, would not be injurious to the public health, <br />safety, comfort, community moral standards, convenience or general <br />welfare, or injure or adversely affect the use of the adjacent area or <br />property values therein, and that the proposed use will be consistent <br />with the character of the district in which it is located and the land <br />uses authorized therein, and that the proposed use is compatible with <br />the recommendations of the City of South Bend Comprehensive plan, all of <br />which is requested by the South Bend Municipal Code ~ 21-09.03 (i). <br />The petition site is presently zoned Local Business which allows for <br />a parking lot. This portion of Western Avenue is lined with several <br />types of commercial uses. Because this area contains older buildings <br />that lined the street, little room was left for off-street parking <br />areas. This proposal will allow for off-street parking and at a location <br />that is near to the proposed use. <br />The Petitioners believe that approval of the above Special Exception <br />will not be detrimental to adjacent properties, nor will it adversely <br />affect the surrounding properties. The Petition site was previously used <br />for Commercial purposes and is presently vacant. <br />The Petitioners would ask the Board Members to agree that approval of <br />the above-described Special Exception will not have a detrimental affect <br />
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