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Home My WebLink AboutBill No. 69-22 Special Exception at 1405 Portage Ave Filed in Cityk'S CffiCe Nov 0 9 2022 City of South Bend DAWN M.JONE BOARD OF ZONING APPEALS CITY CLERK.SOUTH BEND,iIN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1405 Portage Ave 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 reading at your November 14th, 2022, Council meeting and set it for public hearing at your December 12th,2022,Council meeting.The petition is tentatively scheduled for public hearing at the December 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 following to describe the proposed project: Request a Special Exception to allow for the property to operate a tobacco/hookah/trope 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. Sincerely, Rachel Boyles Zoning Specialist • CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 69-22 NOV 0 9 2022 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 1405 PORTAGE AVE. 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 a tobacco/hookah/vape shop. NOW, THEREFORE, BE IT ORDAINED 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 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: 1405 Portage Ave. 018-2182-6831 In order to permit Tobacco/Hookah/Vaping 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 are 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. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'cicck .m. • James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office NOV 0 9 2022 l DAWN M.JONES CITY CLERK,SOUTH BEND,IN - 2 - City of South Bend 227 W. Jefferson - Suite 1400S BOARD OF ZONING APPEALS • south Bend, IN 46601 zoning@southbendin. ov RECEIVED NOV 072022 Petition for Variance - Special Exception Property Information Tax Key Number:71-03-35-360-020.000-026 Address: 1405 Portage Avenue, South Bend ,INDIANA 46616 Owner: Peak Investment and asset Management, LLC Zoning: NC Neighborhood Center E' Project Summary: To open a Tobacco/hookahNaping shop , at the existing 1 story building 1675.5 sq ft (Survey enclosed) Requested Action ✓❑ Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:21-06.01(k)(20) 0 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: �') To allow cur fczrh=tet .t14 4 eS vV 5 'cror1 pa.coJ• Z f 1 dYY� tin e. (In ,rwv.-rv. lAS �p YI o M1 Z Filed in Clerk's Office • NOV 0 9 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Required Documents ❑✓ Completed Application (including Criteria for Decision Making and Contact Information El Site Plan drawn to scale P ID El Filing Fee 41 goo NOV '1 2022 Per-122z_ Criteria for Decision Making Special Exception -if applicableA 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: Vaping products are battery operated devices that heat an e-liquid or e-juice,The heated e-liquids are available in different flavours mixed in a glycerol and propylene glycol solution that contain varying levels of nicotine. Vaping is less harmful than smoking. People trying to quit smoking using e-cigarettes have a higher quit rate than normal nicotine replacement , therapy. Hookahs are waterpipes that are used to smoke specially made tobacco mixtures through a water-filled chamber. A user then inhales the smoke through a tube and mouthpiece. Hookah users often perceive it to be less harmful than smokina cigarettes. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: We recently acquired this property from Speedway, LLC a known corporation . The facility has been closed for many years . In fact, new business will help in enhancing the property value of nearby properties. Besides this it will generate more revenue for the state and county and will create 2 to 3 jobs for local community. Legislatures of the State of Indiana approve this kind of business with proper licensing. (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: The proposed use will do more good than harm.The proposed use will help the community to quit smoking and create a better health environmentt (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: NC neighborhood center provides provision of special exception for use of Tobacco/Hookah and vaping shops.This clearly indicates that proposed use is compatible with recommendations of the Comprehensive plan . . • Criteria for Decision Making • Pariance(s) -cif 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: 1 Contact Information Property owner(s) of the petition site: Name: Praveen K Gulati.- Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Name: Ellora Gulati- Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court • West Lafayette, Indiana 47906 Name: Address: Contact Person: Name: Praveen K Gulati • Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Phone Number: 765-412-0756 E-mail: praveeng217@gmail.com 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: c L Lc)rt-14- G (,( LAT/ I NI'ON38 1-11f1QS'NNal7Aj13 tio"°"e S3NOr'W NMVO rm.-•trw ar era••QbW l. ezu:0.a.v� Mgt r sura,armr,s m, _ 2.71.3.••p ND630 GNY 4NIuammnS, ri �` Nvaaor•iioinoD� ZZOZ 001000,•N 9.1. 0 AON 6249!M VeEmyodM►L - ��J��/ �y ACIAMSGNI PIM SdSN/Vim' _r-___,; fi ' �d/� arzrtaa _..� I. am••P�R••••` / a3410 SA•ci0 Ui - ,i�I. .a �. 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