HomeMy WebLinkAboutSubstitute Bill 19-01 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
SUBSTITUTE BILL NO. 19-01
RESOLUTION 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 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 paving materials preparation, including on-site crushing of materials,
and 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