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HomeMy WebLinkAboutBill No. 23-22 Ordinance for the Proposed Special Exception Use at 223 N Lafayette Blvd.Filed in Clerk'S office City of South Bend _ JUN U 8 202'1_ BOARD OF ZONING APPEALS DAyyW_M JONES CITY CLERK, SOUTH BEND, IN June 8, 2022 Honorable Lori Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: Special Exception Use at 223 N Lafayette Blvd. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first readin¢ at your lune 13, 2022, Council meeting and set it for public hearing at your July 11, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the July 5, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the followingto describe the proposed project: Request a Special Exception to allow for the property to operate an automotive detailing shop. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. z ely, , /6� - Rachel Boyles Zoning Specialist CC: Bob Palmer County -City Building 1 227 W. Jefferson I South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning Filed in Clerk's Office BILL N0.23_22 ��N 8 ZQ21 ORDINANCE NO. DAWN M. JONES CITY CLERK, SOUTh� BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 223 N. LAFAYETTE BLVD. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate an automotive detailing shop NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Advisory 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: 223 N Lafayette Blvd. 71-08-12-105-003.000-026 In order to permit Vehicle Service, Minor SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 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, if any, established by the Advisory Board of Zoning Appeals which we on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . m. .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at _ o'clock James Mueller, Mayor City of South Bend, Indiana -2- City of South Bend BOARD OF ZONING APPEALS Property Information Tax Key Number: 71 -6 D -1z -16 5 - 66 3.6M -©off 6 Address: Z23 N Owner: Ae� Il,hi.rte CD/YJ •/$C u�Z ��illmaYr cut/rd�r Zoning: Choose the current district ProjectSummary: -;g Aj CUEan& e�qe wisps/ bu:I J 11- J,, Af % &sn set✓ice, �� Ir1C Amer 1bfh1W3 cord 4Tlerjnf. fNpgi�j 0/l/7/Yrj -/fr/ //'t 1. 719 w" /JAC'/r//!fir �1Qs �etj uRt 4f- C,iuidR 11ft "I -k $1Yce ifs Akre kir-`l 's a 6Arly �,br+d ftere ftp Se �WJA 1'llr Gamy �7flixt irr' ,i?'se 4&ffdohbY'J• Dowev P( waw ,�iGpy /J Requested Action [ Special Exception — complete and attach Criteria for Decision Making Use requested: Vf4 /c SWV'rCL05 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: /ill �uY✓I 72�nsPC�rcY �c y Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee SpecPaj Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: Dur �Us fre55 rS egmn t-#ej 10 ta)02y Al4 p fo4e Js G1iW)g1ocea(c.vy Jo eeYec y c (jean 0", d rar�ec{ s(4u�Gi ,d s Cta�6lrtddi(°s. Our Phys iea ( "`le (�s Ic9cf, 64 -�O en,®(oyeal (Users, and Me (PS ("laeff (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: eve e'014EW �a , 117�e4Space. Wa�r dimito �O our r ayFtY�s 4ecb�v /Y Clad +ye have leo kv-&I a ( file CA('(- Of' Yl'9und or f411,S �% (moi lcl 41 (3) The proposed use will be consistent with the character of the district in which it is neS located and the land uses authorized therein, because: it e fe rwtnJr�e du;ldi�Kf bion butl� ltd l9 y7 rind ,{� dl��nal oL � _/10#.r (7 Lt�ed�� br�nitf r (c�r�o toe f� YO nq AN 5- 519ac, 1,5 re�ifc�r ✓ � %asiOsy o-�ander/ _ (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 758 2 p758o }i�S �0ec / �S Ito 6n�nJr /lie bat/ P p •l(ii"/t/j `SNr W014`°�mqf �^i!✓nI"/r /!( 61.5^>, ClRd rQ3i/'7AG� oil aln new/ Gr,SIId/y %�, /�sfD/;c ��'/o;�s ow parerr & hccMe wmr%cl 4r Mece, E'Y , �l,tseJ 5&,,M EV a•�d �r�fddtarTC df', tae �r�l ,l,�®/. Variances) - If applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: (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: (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: (4) The variance granted is the minimum necessary, because: (5) The variance does not correct a hardship caused by a former or current owner of the property, because: Property owner(s) of the petition site: Name: Address Name: Address Name: Address: Contact Person: Name: Address: 6��� AMYX Phone Number: 6_7Y - p29;? 42de E-mail: 1;rd�1%deluxe Mali P C&�—r By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. -79)`• The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Doa;&;n Envelope ID: DA711982-386A-4[)88-A949-9D9B6AC9A94D -> —.--.-..-.. -.I— PLAN COMMISSION Property Information Tax Key Number71-08-12-105-003.000-026 Address:215 N Lafayette Blvd Owner: SOUTH BEND TRIBUNE CORP./SCHUR! COMMUNICATIONS INC. Legal Description: LOT B MEDOW REPLAT OF LOTS 380-381 O P SOUTH BEND Project Summary 15e.7 -r3) & i.eriayrtk uc.S fn t947c�6 e. A•r&,CC c dfrtgrr/ Cy1GAglry pi/�¢irrScs (�o, lJln1 he fn`Lvue Gt5Ye1 yllr le,ilr/;nf r//ey /xG/afu)rd >YL -.i vF/i&IeS ile, p era G -c// e. 1%/tk=t Dc/a;I �(rigS �t cis -h,e 5T(e /c Cl�rpa w.r� Jr6lCcil brdfiflt1. 'lhe Syne /us r >17trcl�6.n// xlr/ j0co( k.,,- %G1c7 y&rVerry 73yPa,dr n/4 tte hnplr * hne q apd,,,Y,r )(1e S�'r:ee ee,7d a;/� /ry /4Y lfltil'�fe_ -'k !Gij. —QF ��alrntt Ciecrt 6rntl nfvleele,e Requested Action Application includes (check all that apply) ❑ Rezoning Current District: Choose the current district Additiona: Districts, if applicable Proposed District Choose the proposed district Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑✓ Special Exception — completeand attach Criteria for Decision Making Use requested: ye/)lf1i' 6 (Pu'gf7l, 0r7r/El %i7ifrc �iCvl Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above DocuSign Envelope ID'. DA711982-38BA-4D88-A049-9D966AC9A04D Property owner(s) of the petition site: Name: SOUTH BEND TRIBUNE CORP./SCHURZ COMMUNICATIONS INC Address: 1301 F. Douglas Rd. Mishawaka, IN 465545 Name: Address. _ Name. Address Contact Person Name:/ G7/et " 'V""_ Address: &A11h17t6- iii ivy. Arn2 l I!,' 'i a M Phone Number: ��H r� � � " K916 E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Ua<uSigneE by earnme<smrweR-- 5/9/2022