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Home My WebLink AboutSpecial Exception - 1939 Charles St., South Bend, IN 46637Attes- RESOLUTION 4023 -10 Passed by the Common Council of the City of South Bend, Indiana April 12, 10 20 April 13, 20 10 City Clerk dent of Common Council Approved and signed by me April 13, 20 10 City Clerk (+ RESOLUTION NO. qO L3�V O 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 1939 Charles Street, South Bend, Indiana 46637 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: 1939 Charles Street, South Bend, Indiana 46637 in order to permit Off -site parking in a "SF -1" 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 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; I 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 co g with th reasonable conditions established by the Board of Zoning Appeals which are file i tl of e of the City Clerk. SECTION V. The Resolution shall be in full force Common Council and approval by the Mayor. PRESE'NTE0. f40T APPRO.V.EIJ ADOPTED'�� L 2. after its adoption by the f tl40�dmon Council Filed In Clerk's Office FEB - 5 2010 ,JOHN VOORDE CITY CLERK, SO. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10 -14 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 1939 CHARLES STREET, SOUTH BEND, INDIANA 46637 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 with the following recommendation. Ann Puzzello Chairperson, Committee of the Whole 0 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME: FTC Properties LLC PHONE: (574) 855 -5550 ADDRESS: 1820 South Bend Avenue, South Bend, Indiana 46637 ADDRESS OF PROPERTY: 1939 Charles Street, South Bend, Indiana 46637 PRESENT ZONING OF PROPERTY: "SF -1" District OWNER'S NAME: Bryan Wynen PHONE: (574) 855 -5550 ADDRESS: 1820 South Bend Avenue, South Bend, Indiana 46637 COUNSEL OR CONSULTANT: SiteScapes, Inc. PHONE: (574) 255 -4677 ADDRESS: 1003 Lincolnway West, Mishawaka, Indiana 46544 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Requesting a special exception for the construction of an off -site parking lot in a "SF -1" District, located at 1939 Charles Street to expand the employee parking area of Wissco Irrigation Co., Inc. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the petitioner to develop a paved, landscape and screened parking lot to allow for the hiring of additional employees. I attest under the penalties for perjury, that the foregoing representations are true. Signature of Pro' erty Owner(s) Our request is for a special exception to allow parking in a SF -1 District is to meet the growing needs of our company and to be able to provide a safe, controlled parking area for our employees. In 2007 a special exception was granted for a parking lot at 1939 Charles Street, Lot 20. Currently we have arranged for additional off -site parking spaces reserved for our employees behind the Goodwill Store on South Bend Avenue to accommodate our growing need. This unfortunately creates an unsafe condition when employees must cross the 5 lanes of traffic on South Bend Avenue /St. Rd. 23 to get to work. Our request is to expand the existing employee parking lot onto the adjacent Lot 21 to provide an additional 27 parking spaces. Comments and concerns from the neighbors were addressed in the 2007 special exception. All of these previous concerns will also be covered in the proposed parking expansion with the continuation of fencing and landscaping to match the existing parking lot. • Expansion of existing employee parking lot at 1939 Charles Street, Lot 21. • No driveway onto Charles Street • Fencing and landscape plantings to continue around the proposed parking expansion to match existing parking lot. • Eliminate or minimize the need for off -site parking lot usage. Storm drainage controls will be in accordance to City of South Bend requirements. The special exception approval will maintain the SF -1 Single Family zoning and will only allow for the property to be developed for parking. No other uses will be allowed, which will help preserve the single family zoning of the neighborhood. The petitioner listened to the concerns of the neighbors regarding noise, loitering and truck traffic on their streets and have addressed these issues in the 2007 special exception for employee parking and will continue to work with neighbors on any concerns or questions. Office policy manual prohibits on -site loitering by employees and the proposed parking lot being adjacent to the existing building will allow management better control to keep parking areas clean of trash, reduce noise and eliminate unnecessary loitering. Since 2003 Wissco has informed all delivery companies delivering to this location not to utilize the residential streets and have posted and enforced that no Wissco truck traffic is to use these streets and it was acknowledged by the neighbors that has been satisfactory to them. Wissco Irrigation has maintained the property and parking at 1939 Charles Street including renovation of the house. It has been acknowledged by the neighbors that Wissco Irrigation fulfilled their promise to develop and maintain the parking lot developed as promised and are satisfied with the results. We have continued to address any concerns of the neighbors and at the same time attempting to be responsible in providing a safe and attractive parking area for our employees. We appreciate your review and ask for approval on our request for a special exception to allow us to expand our current employee parking lot. February 9, 2010 Board of Zoning Appeals City of South Bend 125 South Lafayette Street, Suite 100 South Bend, Indiana 46601 Re: Petitioner: FTC Properties, LLC Application for: Special Exception at 1939 Charles Street, South Bend, Indiana Members of the Board of Zoning Appeals, The Petitioner, FTC Properties, LLC seeks this Special Exception for the Board of Zoning Appeals of the City of South Bend to allow the use of the petitioner's property identified above to expand an existing employee parking area of the adjoining Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue, South Bend, Indiana. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the Petitioner to expand the existing paved, landscaped, fenced and screened parking area on Lot 20 onto Lot 21 of Pensinger's Subdivision to accomplish the expansion of the operations and to allow for the hiring of additional employees and their parking. Pursuant to this Application, the following standards for variances as set forth at I.C. 36 -7 -4 -918.5 are addressed: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community because of the intended use of the property for the expansion of employee parking for the present Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the improvements contemplated here will be paved, landscaped and fenced as necessary to ensure no deleterious effect on adjoining or surrounding parcels. 3. The need for the Special Exception for which the Petitioner applies arises from the peculiar condition of the property requiring its use to allow for the expansion of available employee parking for the property adjoining at the west and the fact that the property adjoining to the east is owned by a commoner owner. 4. The strict application of the terms of the Zoning Ordinance will result in unnecessary hardship on the common owner of the adjoining parcel arising from practical difficulties in the use of its adjoining property because additional parking is essential to the ongoing and expanding operations of Wissco Irrigation Co. and the parcel comprised of the subject allows expansion of staff and employees to accommodate growth in the company. 5. The approval of the Petitioner's request will not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter. We appreciate your kind consideration for this request. Sincerely, Patrick S. Brown, ASLA, LEED -AP SiteScapes, Inc. 1003 Lincolnway West Mishawaka, Indiana 46544 Landscape Architecture and Planning Telephone (574) 2554677 FAX (574) 217 -7890 www.SiteScapes-inc.com s aE rs. wNC UO ��n %Fra�'wicir`� oaAVF. oauwcE eEO.sw. >�'� . • , , rrEfFXO°sonATE Dace ON WpB�c�ee,EaaALfoan� / �— Filifa FABa,c 1 1600 GALLON DRYWELL NOTro SU E BWt�AL�i vvELLONnREi. M PLAN VIEW u' uroer srav rwu aaAeEF+.. +Aar NEW PARAtNG LOT +/1 p+NNA`.BUaFALE CIXIRSE xn ?6TONEB Wei aCWaEf r wx cowACr 6u6cawE +oi�oo+Lfvo STORM DRAINAGE CALCULATIONS p+eo6ou�+Wa` rr. ts,wa wL atoNAAE aEaux.Eo K% C F, AdE 9E+O6L+FW +A9 M L.F CF.10 •1.Y¢LF.fiLOaAGE AT]HOALI L.F. +6,]T eALaieRAC£ m +em ow oarv.EUe • 6�CS ow rorv. erauoE •+srn oA� Faonoeo l " e EXISTING DRIVE / / \ \ \EXISTING . PARKING EXISTING ® PARKING PROPOSED EMPLOYEE PARKING LOT EXPANSION �F L A,W P 171 N Y. L S Y S T F I-'. 1820 South Bend Avenue STATE OF INDIANA South Bend, Indiana 46637 RETENTION AREA — _ �MVEL gWHWE eEOx+rNr FEFOaArm rXPE nEwovexen m --------- b. EfOSrINe I roacoNNECnNO davE� Oscar's oRNE illiard Club I I j I -- II -I I I F-1 2 6' HIGH WOOD SCREEN FENCE NorrosuLE � —_,_I //1 EXISTING EX DRIVE\ PARKING t EXISTING STORAGE YARD \ I EXISTING DRIVE gliol/ A 1041 j /MN/0 91 LOT 20 — Wissco — gation Co. I _ j I — 1 �Ne FENCE /1n1O9cw! Yo 0 e_ ENO- 11 PARKING LOT 7 SPACE LOT 21 I I� µ000sEO FENCE o+.woaLes� P. To- STREET 60• RNV u LES STREET No FU6aNO LOrACCEss _____ __ —_ _ _ _____ __ —__ _ - SikScapes INC. SITE PLAN LandscapeArchitecture Planning - 1003 Lincoln Way West Mishawaka, Indiana 46544 Telephone (574) 255-4677 fax (574) 217 -7890 0 20 40 60 - —SitoScapes-Inc- SCALE: 11"= 294• NORTH February 4, 2010 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 February 24, 2010 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesdgy. March 3, 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Special (Exception) Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (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 (St. Joseph County and City of South Bend) Comprehensive Plan. 6. The petition of Gaylor G. Candler Sr. and Hilltop Farms The staff recommends the petition be sent to the Town of Osceola Town Council with a favorable recommendation. This stand has received approvals to operate at this location for a number of years and has, to the best of the staff's knowledge, operated without negative impacts. 7. The petition of FTC Properties, LLC. The staff recommends that the Special Use be sent to the Common Council with a- favorable recommendation. A similar Special Use for parking was approved in November 2007 for the property to the west. However, it appears the two 2" maple trees that were proposed in the previous Special Use have not been planted in the front yard. The Staff would like to note that the property is still zoned SF l and the remaining house can only be used as a residence, as indicated on Special Use site plan. 8. The petition of Steven Kubsch, Pat Ruszkowski and Paul Vandewalle. The staff recommends that the Special Use, as presented, be sent to the County Council with an unfavorable recommendation. In the staff's opinion, the Special Use for a group residence as proposed by the petitioner would not meet the above standards for granting a Special Use. The neighborhood in which this house is located has experienced significant land use changes in the past few years, with the construction of high density housing primarily for students. In some of the newer projects, zoning approval has been granted for up to 4 unrelated individuals (students). In the much older Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana apartment projects such as Clover Ridge, which is immediately adjacent to the site on the east, unit density may be much lower. In addition, there is still a large portion of the area that remains as a traditional single- family neighborhood. The community should remain sensitive to this as the neighborhood experiences potential future land use changes. In reviewing projects such as this, the intent and size of the original structure should be considered, and used in such a way as to respect the desires of the residents that wish to remain in the neighborhood, and acknowledge the development patterns that are occurring. The conversion of a residential structure in such a way as to increase the number of unrelated individuals that are capable of living in the unit does not address the issues noted above. This would be a conversion in either footprint, or number of bedrooms. The Zoning Ordinance defines "family ", briefly, as: "... a number of persons, but not exceeding two (2) persons who are not related by blood, legal adoption or marriage, living and cooking ... ". This petition is requesting that 5 unrelated individuals be allowed to reside together, in a home originally built with three bedrooms (based on information from the Health Department). Considering the structure, its location relative to the new developments in the neighborhood and the other single - family residences, the staff would ask that The Board, if it is considering a favorable recommendation, to limit the number of unrelated individuals living in this particular structure, to three (3). Sincerely, r �L �� C hrista Nayder�' s Planner Area Board of Zoning Appeals — March 3, 2010 FTC PROPERTIES/LLC The petition of FTC Properties, LLC seeking a Special Exception to allow off site parking in a "SF I" District, on property located at 1939 Charles Street, Clay Township. Zoned "SF1 ". MR. PAT BROWN: SiteScapes, Inc. with offices at 1003 Lincolnway West, Mishawaka representing FTC Properties. Their request is to expand an existing parking for employees. In November of 2007 they were here before you for the original parking lot which is behind the Wissco Irrigation building for 37 spaces. It's the same address, 1939 Charles Street. The first parking lot was built on Lot 20. Adjacent to it is lot 21 and that's what the petition is for today is to add another 27 parking spaces. Since the parking lot was constructed in 2007 an additional 20 employees has been added to the company. And they have basically filled the parking lot and they are again leasing space across State Road 23 behind the Goodwill store. That was the reason in 2007 is that we had employees across the street trying to cross State Road 23 to get to work. They have again met their capacity and we're looking at adding another 27 spaces. In looking at and talking with the owner and with me here today is Mr. Brian Wynen, he's the president of FTC Properties, the landowners and also president of Wissco Irrigation. This parking expansion parking request today is pretty much going to be maxing out the capacity of the buildings. So it's not like we're going to keep coming back. This is the only property, they own lot 20 and 21 so there is no more room to expand anymore. But we're at the point with anticipated growth coming up this spring and this summer that they have already maxed out and they're leasing space across the street again. So we request your review and approval of a favorable recommendation to expand the parking lot to expand and add more employees to our local economy. MR. BULOT: Pat, indicated on the site 'plan I noticed the separation between the parking spaces is 22'. Are you going by a different standard than the standard in the ordinance? MR. BROWN: Those are the same standards that we followed for lot 20. The lots itself are only 60'. And we're able to pick up a few feet behind the Wissco building and that we're squeezing the parking lot on lot 21 right up to it. What we're trying to do is maintain the 3' setback on the east. So what we basically, we're squeezing every inch out of the property. It's at the bare minimum, 62' width for a parking lot. MR. BULOT: I imagine that we would request now that you indicate that you want to use a 22' separation so that it goes on the record. MR. BROWN: Okay. So the site plan as submitted, showing a 22' aisle between the parking spaces that is part of our request. And the current parking lot that was built in 2007 is on that same design and currently there is now problems maneuvering in that parking lot. MR. FEDDER: I think the staff had a question about a previous matter. Do you want to bring it up Christa? MS. CHRISTA NAYDER: Based on the site plan which was brought in 2007, it indicated that there was going to be two new trees planted in front of lot 20, when we were out there it didn't appear that new trees had been planted there. There appeared to be some existing trees. We're okay with going forward with this as 10 Area Board of Zoning Appeals — March 3, 2010 long as what you promised in the landscaping and stuff is up there. I did notice that the fence was up and that the Evergreen type trees are up. MR. BROWN: The fence, the Evergreens, the shrubs were all put up. In 2007 the intent was to take down the larger older trees and put in new trees and get another 50 years out of that but when the tree service came out and moved the trees that were necessary the other ones were just pruned up and left and I guess that the owner had the assumption well if we left the existing trees we wouldn't have to replace and squeeze in two new ones with them. However we are showing new trees with this new parking lot. If you require I suppose we could go back and add the two trees from 2007 as we do this as part of the approval. MS. NAYDER: Are there trees existing in front of lot 21 now? MR. BROWN: No. No because in front of lot 21 is the house that's going to remain so we're doing everything behind it and there are now trees. There is a row of Evergreens on the neighboring property that would not be impacted. MS. NAYDER: But will you be, you'll be planting two new trees in front of the house as per the site plan? MR. BROWN: Right. MS. NAYDER: I think we just want to make sure what's on the site plan is actually what's going on the site. MR. BROWN: Yeah. It's just in 2007 we did not add those two trees because left the two existing trees that was going to be removed. But lot 21 we will add the two additional trees. MS. NAYDER: Alright, very good. MR. PHIPPS: If the house is to remain a residence then that is not going to be used for a office or anything? MR. BROWN: It's residence right and there's no one in it. But from 2007 some of the concerns from the neighbors that since it was vacant that it was not being kept up and 2007 Mr. Wynen went back and re- roofed it, painted it, repaired it and even though it's vacant it is still kept up and maintained and the neighbors have expressed appreciation of maintaining the property. IN FAVOR MR. BILL SCHALLIOL: With the City of South Bends Department of Community and Economic Development with offices on the 12th floor. We worked with Brian and his group over the last several years as they've expanded their business and we appreciate the work that they're doing. They've continued to add at this location. They've done everything they can to maximize the site. Other than planting these two trees, they've met the obligations that were laid out back in 2007. We anticipate that they can move forward and do that. But we like to see them at this site. It's a great use for the property and we just as for your support of this. 11 Area Board of Zoning Appeals — March 3, 2010 REMONSTRANCE MR. STEPHEN FARCKAS: I'm 92 and I live adjacent to the property at 1947 Charles Street which Mr. Wynen wants to expand into parking. I have really four questions. More that are explanatory of what Mr. Wynen's plans really are. If I can ask the questions now. The first question really concerns all our neighbors. We'd like to know for sure if there are going to be entrance and exits on Charles Street from this parking lot? MR. URBANSKI: Why don't you ask the four questions sir and then Pat will come back up and answer your questions for you. MR. FAREKAS: Okay. The second question then is, over the area of the parking lot is he going to leave the condition of the ground as it is or pave it over with asphalt? And the third question, is when that board fence line is going to actually be along our property line there? And the fourth question, I have some Evergreens I've planted 61 years ago and they're about 60' high and I just wonder what will be the status of those if he puts his board fence real close to my property line. Those are the four questions. MR. URBANSKI: Very good and he will answer them for you and I thank you. REBUTTAL: MR.- BROWN: As far as the access onto Charles Street, there will be no driveway on Charles. Just as the current parking lot they come around the end of the building, this to parking lot will be expanded off of that parking lot and they'll exist that way so there will be no more traffic on Charles. The parking lot, the previous parking lot was built out of concrete and basically just followed the lawn, the same slope and that's the intent here that this will follow same slope and we again looking at a concrete parking lot as opposed to asphalt. The house will remain and the concrete will start at the back of the house and go up to the end of the parking lot that's there now. MR. FAREKAS ASKED MR. BROWN A QUESTION FROM THE AUDIENCE THAT WAS NOT PICKED UP ON THE TAPE MR. BROWN: Back in 2007 when we talked to you about it, we knew those tall Evergreens were on your property, you planted. What we're going to do now if we get the approval, we're going to get a surveyor to go out and find that exact line and then the intent is the fence is going to go near the property line on Brian's property. The intent is once we get approval, get a surveyor out there and located the true property line, hopefully we'll find out all those Evergreens are on your property. If they end up on Brian's property we may have to talk a little bit more. But the intent is the fence will go right down the property line but we may have a little bit of lead way if the fence has to move 6 inches, 12 inches, a little bit to go around the trees to protect them. But the intent is not to take down the trees. The fence by ordinance I believe is 6 feet. So once we put the fence up there may be a branch or two that may have to be pruned, but the intent is to leave all the Evergreens. Now as far as the Lilac bush, we'll just have to see when it falls on which side of the line. 12 Area Board of Zoning Appeals — March 3, 2010 ONCE AGAIN MR. FAREKAS ASKEDA QUESTION FROM THE AUDIENCE THAT COULD NOT BE PICKED UP ON THE TAPE MR. BROWN: Just a few inches. That will be the closest. We will try and get as close to the line as we can. Nothing will be on your property. Everything will be on Brian's property. MR. PEDDR: Pat you might take a moment after you've made you presentation and talk to him outside. It seems like you're answering his questions to his satisfaction but we can't get you across the room. MR. BROWN: Okay we'll talk to Mr. Farekas and his wife outside. A motion to send this petition to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Matthys. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SEN TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fnx: (574) 235 -5541 March 4, 2010 The Honorable Common Council Of the City of South Bend 4th Floor; County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of FTC Properties ABZA 3/3/10 Dear Council Members: The above referenced petition of FTC Properties, LLC was legally advertised on February 12, 2010. The Area Board of Zoning Appeals gave it a public hearing on March 3, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception to allow off site parking in a "SF I" District, on property located at 1939 Charles Street, 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, C.B.O. Building Commissioner CCB /cah FTC PROPERTIES, LLC SPECIAL EXCEPTION PURSUANT-2 I -09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare ofthe community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance ofthe neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 3rd Day of March, 2010. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ABSENT ROBERT HAWLEY ® JOE VELLEMAN 'Property Owners within 300' of 1939 Charles Street Petitioner: 24- 1008 -0663 24 -1008 -0664 24- 1102 -0556 24- 1002 -0557 24 -1002 -0558 FTC Properties, LLC ( Wissco Irrigation) 1820 South Bend Avenue South Bend. IN 46637 Adjacent Property Owners: 24 -1008 -0655 24- 1008 -0656 24- 1008 -0657 24- 1008 -0658 Wissco Irrigation Co., Inc. 1820 South Bend Avenue South Bend, IN 46637 02- 1106 - 5391.01 24- 1002 -0560 24- 1008 -0650 Zolman Tire, Inc. Thomas F. Forsey 24 -1008 -0651 18255 Vaness Street 2018 Ironwood Circle Susan Mahoney South Bend, IN 46637 South Bend, IN 46635 1920 Charles Street South Bend, IN 46637 02- 1106- 5397.10 24 -1002 -0564 Salvation Army Campbell Properties, LLC 24- 1008 -0652 510 South Main Street 2006 -2025 Ironwood Circle 24- 1008 -0654 South Bend, IN 46601 South Bend, IN 46635 Richard Fox P.O. Box 11412 24 -1001 -0422 24 -1003- 0566.01 South Bend, IN 46634 24- 1001 - 0422.01 Campus Shoppes, LLC Toth Enterprises, LLC 22700 Crenshaw Blvd. Suite 123 24 -1008 -0659 17812 Ashford Hills Ct. Torrence, CA 90505 24- 1008 -0660 Granger, IN 46530 24- 1008 -0661 24- 1008 -0636 24- 1008 -0662 24- 1001 -0423 Albert Jones State of Indiana Rocco & Julia Ameduri 1530 Harrington Drive Indiana Department of 612 Peashway Street South Bend, IN 46617 Transportation South Bend, IN 46617 100 North Senate Avenue 24- 1008 -0637 Indianapolis, IN 46204 24- 1001 -0424 Stuart Fishman Richard Was, Jr. 1555 Rosemary Lane 24 -1008- 0661.01 15866 Preswick Lane South Bend, IN 46637 Michael Manahan & John Granger, IN 46530 Moore 24 -1008 -0645 11485 Harbridge Drive 24- 1001 -0425 24- 1008 -0646 Granger, IN 46530 Main St. Property, LLC Brandon Hoffman 555 1/2 So. Burdick St. 1952 Charles Street 24- 1008 -0665 Kalamazoo, MI 49007 South Bend, IN 46637 24- 1008 -0666 Stephen Farekas 24- 1002 -0555 24 -1008 -0647 1947 Charles Street Jinco, Inc. Leo Mundt South Bend, IN 46637 940 Industrial Parkway 1944 Charles Street Elkhart, IN 46516 South Bend, IN 46637 24 -1002 -0559 24 -1008 -0648 Ulrich Klopfer 24- 1008 -0649 2010 Ironwood Drive Catral Investments in 101, LLC South Bend, IN 46635 50920 Cherry Farm Trail Granger, IN 46530 2 -5 -10 Property Owners within 300' of 1939 Charles Street 0Z4 -1106 533712 �A+s 3,f '^0231106- 5337a� x 4 �s�`" ±m t 024 1106- 537714 -5384 ', +* 0241106- 539720 F X0241001 -0422 x°g 024-1001-0 42 931 ' 024--; 10 537721 024 -1703- 539710 }T x #°t . 1 +. 'r JJ2- 1: 1J�53"7H i 1 71� � k .� 1 80 .,.• A t�V 024-1031-042 7,' 0��e � 1 1 024- 1071 -0426 4 — 924 -M1042J_— . ,, . 25 � ' 002-1 103 -535 , - Pr, 1��`v rt 024 4 3 i [ �Y$ r- ;i`3� 024- 1001 -042 ' 1.� yc aq# t 1 ' 8,024- 1001 -042231 spa r 2 st 024 107t 1 -0-024 'e h i '. ; t 024Y# 7 024 10x9 766101, i ' '•� ! # 02 �# 323 -1779 -0512: 324- 1002 -0555 I 4 0261004 -0637 023 - 1002 -05541 024- 1002 -0553" .+` r v ', 02.1 1039 -0350. ..7Z- t- 13720556 -� 1 k ` 024 - 1733- k356v71 :� 021- 1038 -0658 �� J2 r Zs�fZ� a ; `�•� i - 324- 1005 -0657 D24- 1'0'03- 06fi$.� - — d+ U24-1002-3557 ' 024 - 1009 -05545 r ' 024-1-3-39-0656 024 -1078 -0665 724- 1002 -0564 i �a 024 -1073 -0855 ' !# • _024- 1002-1 324 -1002 -0559 f . ,.' {• G �.. 8. itYu [� �_ + _.�',:.i' 41:...`4 i ` SX3 F M-K " F" j 024- 1072 -0562' T 024- 1002 -0559 4 024 -1009 -0654 ` 024- 1078 -0+348 f% 024 - 1008 -0351 , F 024 -100 a 024-1002-0563'924-1032-0561 324 -1009 -0647 4• 'O-Z 9 2 l- jt mag 024-10,39-0650 024 1004 -0647,N6 * 024-1009 -0653 024 1079 -0952 1:024- -1008-0;32493 } �'' � "t . 3 4 s ��i�,.w �. + Z`w /024- 1009 -062496 024 - 1009 - 062573 124- 1009 462441 024 - 1009 -062437.x" ' 1 024 1079 636. .4. 724 130M, _ 024- 1009 -062501 �.. 241DJ1 -04 m• s 024100 4'64- �n0a,'1974 n t►.: i'ti.w._ �0 -•0%i I Petitioner: FrC Properties, LLC / Wissco Irrigation Co., Inc. Adjacent Property Owner o Leo 20o Soo - �,�' � I $51 tilo�tH NEENAH FRAME 6R2077C & TYPE C GRATE INSTALL GEOTEXTILE FILTER OR EAST JORDAN •1022 W6'TYPE W GRATE FABRIC UNDER UD. REMOVE OR APPROVED EQUAL FABRIC AT COMPLETION OF PROJECT 8" REINF. CONIC. LID GRAVEL DRAINAGE BED, OW x 49, S LINE TRENCH BETWEEN DRYML FINISH GRADE W7 GEOTEXTILE FABRIC or .a ' o o 0 0 0 or � a o o o 0 o a . or or ! or o 0 0 0 0 't '6 - - -B o— 6— — F,6 0 0 0 0 0 otr•6 ° or • or s ° 6 or 6 Im o o 8W 0 o t 1S GEOTE) TILE 6 0 0 0 0 0 W HDPE FABRIC �� ° o o 0 0 6, 6 PERFORATED PIPE or PEA GRAVEL 8' REINF. CONIC RING BASE WRAP DRYWELL W ON UNDISTURBED SUBGRADE FILTER FABRIC PRECAST CONC. DRYWELL SECTIONS W/8X810/10WWM /-,-N GALLON DRYWELL NOT TO SCALE 4 x 4 x V POSTS WOLMANIZED .40 RET. SOUTHERN YELLOW PINE 1f i 2 x 4 RAIL- 01 SELECT WESTERN RED CEDAR 1 x 8 x 8'- 41 SELECT WESTERN RED CEDAR PLAN VIEW 45' CUT ON CORNERS (3) 2X4 RAILS 4x 4x 8'POST B O.C. MAX 15a GALV. NAILS (4/RAIL) FIN. GRADE MAY VARY 17 DIA POST HOLE STAMPED EARTH 2 6' HIGH WOOD SCREEN FENCE NOT TO SCALE NEW PARKING LOT 1 -12' M11 H.AC. SURFACE COURSE 2-12' 09 H.A.C. BINDER COURSE 8" X153 STONE SUBBASE COMPACT SUBGRADE TO 10D%S.P.D. STORM DRAINAGE CALCULATIONS 8,578 SF PAVEMENT 180 GALI100SF • 15,440 GAL STORAGE REQUIRED STORAGE PROVIDED GRAVEL DRAINAGE BE1081 x OW x 4D • 3,458 C.F. AT 40% VOIDS - 1,382 C.F. STORAGE AT 7.48 GAL / C.F. - 10,337 GAL STORAGE (3) 1800 GAL DRYWELLS • 5,400 GAL TOTAL STORAGE - 15,737 GAL PROVIDED V� �O EXISTING DRIVE / Gx � / / ISTING / \ PARKING / \ I / \ I EXISTING ® PARKING EXISTING PARKING \ I I EXISTING DRIVE CHARLE SITE PLAN 0 20 40 SCALE: 1" = 20' -0" Area Board of Zoning Appeals — March 3, 2010 ONCE AGAIN MR. FAREKAS ASKEDA QUESTION FROM THE AUDIENCE THAT COULD NOT BE PICKED UP ON THE TAPE MR. BROWN: Just a few inches. That will be the closest. We will try and get as close to the line as we can. Nothing will be on your property. Everything will be on Brian's property. MR. PEDDR: Pat you might take a moment after you've made you presentation and talk to him outside. It seems like you're answering his questions to his satisfaction but we can't get you across the room. MR. BROWN: Okay we'll talk to Mr. Farekas and his wife outside. A motion to send this petition to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Matthys. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SEN TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION