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Home My WebLink About19-01 Special Exception: 3602 West Sample Street Filed in Clerk's Office AREA BOARD OF ZONING APPEALS 1140 County-City Building 1 DEC 31 2010 I 227 W.Jefferson Boulevard South Bend,IN 46601 KAREEMAH FOWLER www.sic71 - www.sicindiana.com CITY CLERK,SOUTH REND,IN Phone-574-235-9571 -Fax-574-235-9813 December 31, 2018 Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 3602 West Sample Street Dear Council Members: Enclosed is an Ordinance for the proposed Special Exception Use.Please include the attached Ordinance on the Council agenda for unfinished business at your January 14th,2019 Council meeting, and set it for public hearing at your January 28th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the January 9th, 2019 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sin rely, Jor an Wyatt Planner CC: Bob Palmer Filed in Clerk's Office BILL NO. 19-01 NO. 19018 RESOLUTION NO. KAREEMIAH FOWLER CITY CLERK,SOUTH BEND, IN 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 3602 WEST SAMPLE STREET 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 property located at: 3602 WEST SAMPLE STREET In order to permit outdoor storage in excess of 50% of the total lot area. 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 of 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 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. Tim Scott, Council President South Bend Common Council AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend.IN 46601 www.sjcindiana.com Phone-574-235-9571-Fax-574-235-9813 Thursday,January 10,2019 Common Council 227 W. Jefferson Boulevard South Bend, IN 46601 RE: The petition of JUPITER SOUTH BEND LLC seeking a Special Use for processing and storage of aggregate materials, including on-site crushing of materials and to allow storage in excess of 50% of the total lot area in the GI General Industrial District(South Bend)for property located at 3602 W SAMPLE ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of JUPITER SOUTH BEND LLC was legally advertised on December 27,2018 and that the Area Board of Zoning Appeals at its public hearing on January 9, 2019 took the following action: Upon a motion by Jack Young, being seconded by Michael Urbanski and unanimously carried,a petition by JUPITER SOUTH BEND LLC seeking a Special Use for processing and storage of aggregate materials,including on-site crushing of materials and to allow storage in excess of 50% of the total lot area for property located at 3602 W SAMPLE ST,City of South Bend,was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, P. )\-1-0:\!:--7 ,1^ l t Lawrence P.Magliozzi,Executive Director Attachment CC: JUPITER SOUTH BEND LLC LAWRENCE P. MAGLIOZZI LXLCU 11V1. UIRFCTOR Angela M. Smith h.pu . Ulr/C(Cr AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFI:RSON BLVD., ROOM 1130 COUNTY-CITY BUILDING, SOUTH BEND, INDIANS 36601 (3731 133-9171 MEMORANDUM DATE: December 28, 2018 FROM: Jordan Wyatt,Planner SUBJECT: January 9,2019 Area Board of Zoning Appeals Hearing Special Exception/Special Use A special exception use/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, 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 Comprehensive Plan. 4.Petition of Jupiter South Bend,LLC Based on information available prior to the public hearing,the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation.The staff recommends denial of the variance from the required perimeter yard landscaping in the front and from the required foundation landscaping. (1) The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare. Locating the proposed use in an industrial area should not be injurious to the public health,safety,or general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Preserving the façade of the building and installation of landscaping will provide screening to prevent negative affects on the use or value of the adjacent property values. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the GI General Industrial District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N