HomeMy WebLinkAbout17-19 Resolution- Approving ABZA petition for 3575 Portage RoadRESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3575 Portage Road, South Bend, Indiana 46628
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 Area 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
Area 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:
3575 Portage Road, South Bend, Indiana 46628
in order to permit
Automotive Sales and Service.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file 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;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Cleric.
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.
Member of the Common Council
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Filed in Clerk's Office
APR 0 6 2017
KAREEMAH FOWLER
CITY CLERK., SOUTH BEND, IN
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574- 235 -9554 • (Fax)574- 235 -5541
building@southbendin.gov
www.soutbendin.gov
SPECIAL EXCEPTION PETITION
ABZA DATE May 3, 2017
PETITIONER
GMS Realty, Inc. 574- 237 -4067
P.O. Box 4056
South Bend
PROPERTY OWNER (IF DIFFERENT THAN PETITIONER)
Name
Address
Phone
Filed in Clerk's Office
APR I 12017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
N/A
Indiana 46634
Email
City ST Zip
PRESENTER (]IF DIFFERENT THAN PETITIONER)
Danch, Harper & Associates, Inc.
1643 Commerce Drive
PROPERTY INFORMATION
CB Community Business District
3575 Portage Road
SPECIAL EXCEPTION
574- 234 -4003
mdanch crdanchharner.com
South Bend Indiana 46628
German
South Bend Indiana 46628
Seeking approval of a Special Exception to allow Automotive Sales & Service.
REASON FOR REQUEST(S)
Requesting approval of a Special Exception under the CB Community Business District zoning
classification in order to maintain the existing CB zoning in the area. Without the Special Exception
request the only way to have the Automotive Sales and Service would be to rezone the property to a GB
General Business Distirct zoning classification which would introduce a more intense commercial zoning
into the existing commercial corridor and allow for more intense commercial uses. The Special Exception
would limit the specific use to the property.
APPROVAL STANDARDS
The approval will not be injurious to the public health, safety, morals and general welfare of the
community because the proposed automotive sales and service fits in the existing commercial
corridor that includes large parking areas, gasoline sales and automotive repair services..
PETITION TO AREA BOARD OF ZONING APPEALS FOR SPECIAL EXCEPTION
2. The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein because of the existing commercial surrounding uses including as stated above, automotive
repair service, gasoline sales and large parking areas servicing large retail users.
3. The proposed use will be consistent with the character of the district in which is located and the land
uses authorized therein because there is mixture of the type of commercial users present as stated
above.
4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan because this area is shown for commercial users. The plan does not specially exclude the
proposed automotive sales and service facility.
Friday, April 7, 2017
APPLICANT SIGNATURE
Michael J. Danch — Owner's Representative
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574- 235 -9554 • (Fax)574- 235 -5541
building@southbendin.gov
www.soutbendin.gov
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday, the 3rd day of May, 2017, at 1:30 p.m. in the Council Chambers on the 4th Floor of the
County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by GMS Realty, Inc.
Seeking:
Approval of a Special Exception to allow for automotive sales and service.
On property commonly described as:
3575 Portage Road, South Bend, Indiana 46628.
Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts
of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes,
for reasons beyond our control, property owners within the immediate area of the subject property will
not receive a copy of this notice. If you know of someone who should have received notice but didn't,
please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard
at the time of the hearing.
AREA BOARD OF ZONING APPEALS
Carolyn A. Henry
Secretary to the Board
PROPERTY OWNERS WITHIN 300 -FT
GMS REALTY INC
PO BOX 4056
SOUTH BEND, IN 46634
025 - 1014 - 024304
1ST SOURCE CORPORATION
P 0 BOX 1602
SOUTH BEND, IN 46634
025 - 1014 -0244
NOTRE DAME FEDERAL CREDIT UNION
PO BOX 7878
NOTRE DAME, IN 46556
025 - 1014 - 024305
MEIJER STORES LIMITED PARTNERSHIP
ATTN: PROPERTY TAX DEPT
2929 WALKER AVE NW
GRAND RAPIDS, MI 49544
025 - 1014 -0243
TDM DEVELOPMENT LLC
2640 GOLDEN GATE PKWY STE 102
NAPLES, FL 34105
025 - 1024 - 068301
KANE PROPERTIES LLC
3545 N BENDIX DR
SOUTH BEND, IN 46628
025 - 1014 - 024004
ALDI (INDIANA) LP
197 E DIVISION RD
VALPARAISO, IN 46383
025 - 1014 - 024307
BARNES DEVELOPMENT COMPANY LLC
1000 ENTERPRISE DR
ALLEN PARK, MI 48101
025 - 1014 - 024310