HomeMy WebLinkAbout19-04 Special Exception: 1119 Lincolnway West LAWRENCE P. MACLIOZZI
I XIfCLITI V IS DIRI.CTOR
Angela M . Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
117 W. JEFFERSON BLVD., ROOM II-F0 COUNTY-CITY BUILDING, SOUTH BI \I). INDIANA 46601 (574) 235-957
January 22,2019
Filed in Clerk's Office
Honorable Common Council
4th Floor, County-City Building JAN 2 2019
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
RE: 1119 Lincolnway West - -- --
Special Exception Use
Dear Council Members:
Enclosed is a Resolution for the proposed Special Exception Use. Please include the attached
Resolution on the Council agenda for unfinished business at your January 28th, 2019 Council
meeting, and set it for public hearing at your February 25th,2019 Council meeting.The petition
is tentatively scheduled for public hearing at the February 13th, 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 February 15th, 2019.
If you have any questions,please feel free to contact our office.
Sin rely,
Jor an Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW STIOSEPHCOUNTVINDIANA COMIAREAPLAN
I Flied in Clerk',"-
BILL
lerk`:BILL NO. 19-04
RESOLUTION NO. JAN 2 1
L
KAREEMAH P.
CITY CLERK,SOUTH LL ;
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 1119 LINCOLNWAY WEST
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:
1119 LINCOLNWAY WEST
In order to permit a car wash.
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 Filed in Clerk's Office
South Bend,IN 46601
... . ........ . . . . . . .
www.sjdndiana.com
Phone-574-235-9571-Fax•574-235-9813 FEB 1 4 2819
Thursday, February 14,2019 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
---
Common Council
227 W.Jefferson Boulevard
South Bend, IN 46601
RE: The petition of EL-AMMORI WADAD seeking a Special Exception Use for a Car Wash in the
LB Local Business District(South Bend) for property located at 1119 LINCOLN WAY W,
City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of EL-AMMORI WADAD was legally advertised
on January 31,2019 and that the Area Board of Zoning Appeals at its public hearing on February 13,
2019 took the following action:
Upon a motion by Kathy Schuth, being seconded by Jack Young and unanimously carried,a
petition by EL-AMMORI WADAD seeking a Special Exception Use for a Car Wash for property
located at 1 1 19 LINCOLN WAY W,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,
/E-1
Lawrence P. Magliozzi, EZcutive Director
Attachment
CC: EL:AMMORI WADAD
Barbara Griley
Terrell Jones
LAWRENCE P. MAGLIOZZI
ISXl CLIT IVI UIRFC roll
Angela M. Smith
II.
Dir ecl or
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 \V. JLI•FLRSON BLVD., ROOM 11+11 COUNTY CITY BUILDING, SOUTH BL\U, I\DI.5N\ 45101 (i7+) 21j.9;71
MEMORANDUM
DATE: January 30,2019
FROM: Jordan Wyatt,Planner
SUBJECT: February 13,2019 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.
6. Petition of El-Ammori Wadad
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 subject to the following written
commitment:No vehicles may be stored onsite overnight unless located within the building.
(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 along a major corridor and within an existing building should riot 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.
Utilizing the existing building for the proposed use should not negatively affect 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 LB Local Business 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.5 T)O 5 E P H C OLIN T Y INDIAN A.C O M I A R E A PLAN