HomeMy WebLinkAboutBill No. 51-22 Petitioner seeking s Special Exception for Vehicle Service City of South Bend County-City Building
227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend,IN 46601
u (574) 235-7627
flifice
December 6,2022 DEC 06 202'
Common Council of South Bend _ _ �I
227 W.Jefferson Blvd,4th Floor DM' M JONES
South Bend, IN 46601 CITY CL_Ek ., SOUTH BEND, IN
Re: Bill#51-22:The petition of ALBERT AND ELLA WILLIAMS seeking a Special Exception for
Vehicle Service,Major in the NC Neighborhood Center for property located at 506 OLIVE ST.
Dear Council Members:
I hereby Certify that the above referenced petition of ALBERT AND ELLA WILLIAMS was legally
advertised on September 23,2022 and that the South Bend Board of Zoning Appeals at its public hearing
on December 5,2022 took the following action:
Upon a motion by Mark Burrell,being seconded by Caitlin Stevens and unanimously carried,a
petition by ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service,
Major for property located at 506 OLIVE ST,City of South Bend is dismissed due to a lack of a
petitioner in attendance.
Since the petition was dismissed by the Board of Zoning Appeals,it is no longer considered a valid
petition and should be dismissed from the Common Council as well.Any future action will require a new
petition and new Ordinance.
If you have any questions,please feel free to contact our office.
Sincerely,
Angela M. Smith
Zoning Administrator
Attachment
CC:ALBERT AND ELLA WILLIAMS
Cleveland Brown-Cleve's Transmission
Ella Williams
0), ,uon
City of S o u t h� / 00///2, ounty-City Building
,fferson Blvd. 14005
BOARD OF Z,ridevotoci kaiz % S iuth Bend, IN 46601
b, (574)235-7627
Jerk's Office
October 4,2022 OCT Q 4 2022
Common Council of South Bend DAWN M.JONES
227 W.Jefferson Blvd,4t'Floor CITY CLERK,SOUTH BEND, IN
South Bend, IN 46601
Re: Bill#51-22 The petition of ALBERT AND ELLA WILLIAMS seeking a Special Exception for
Vehicle Service,Major in the NC Neighborhood Center for property located at 506 OLIVE ST,
Dear Council Members:
I hereby Certify that the above referenced petition of ALBERT AND ELLA WILLIAMS was legally
advertised on September 23,2022 and that the South Bend Board of Zoning Appeals at its public hearing
on October 3,2022 took the following action:
Upon a motion by Mark Burrell,being seconded by Caitlin Stevens and unanimously carried,a
petition by ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service,
Major for property located at 506 OLIVE ST,City of South Bend is tabled to December 5,2022.
The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next
South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office
and will be posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
Sze
Angela M. Smith
Zoning Administrator
Attachment
CC:ALBERT AND ELLA WILLIAMS
Cleveland Brown-Cleve's Transmission
Ella Williams
Filed in Clerk's Office
SEP 0 7 2022
BILL NO. 51-22
ORDINANCE NO. ES
CITY CLEPk`, :�_�t :TN 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 506 N. OLVIE ST. COUNCILMANIC
DISTRICT NO. 2 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 repair 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:
506 N. Olive St. 018-2030-0977
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 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'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
—SL-1-1-0-
tNO 721-1??
DAWN I~n.JONES
CITY CLERK, SOUTH BEND, IN
- 2 -
Staff Report— BZA#0134-22 October 3, 2022
Property Information
Location: 506 OLIVE ST
Owner: ALBERT AND ELLA WILLIAMS
Project Summary
Allow for vehicle repair(rebuilding transmissions and light general repair) and maintain the site in
the current configuration.
Requested Action
Special Exception: Major Vehicle Service
Variance(s): 1) to allow parking in the established front and corner yards
2) from the 5' minimum parking area screening to none
3) from 1 streetscape tree for every 30' of frontage to none
Site Location
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Staff Recommendation
Based on the information provided prior to the public hearing, Staff recommends the Board send
the Special Exception to the Common Council with a favorable recommendation. The Staff
recommends the Board approve Variance#1 to allow parking in the established front and corner
yards, subject to no outdoor storage, and deny Variances 2 and 3.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 ofd
Staff Report—BZA#0134-22 October 3, 2022
Proposed Site Plan
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SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Staff Report— BZA#0134-22 October 3, 2022
Criteria for Decision Making: Special Exception
A Special Exception may only be granted upon making a written determination, 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;
Provided the proper landscaping and screening are installed, the proposed use should not
be injurious to the public health, safety, comfort, or general welfare of the community. The
site development standards in the Ordinance are established to limit potentially negative
impacts on the surrounding properties.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
As the property was initially constructed for the proposed use, approval of the Special
Exception should not injure or adversely affect the use of the adjacent area, provided the
appropriate landscaping and buffering is installed.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
While the Neighborhood Center Zoning District encourages pedestrian orientated
development, the use of Major Vehicle Service is an allowed Special Exception in the district
for instances such as this where the original intent of the building was for an automotive
repair shop. Activation of a currently vacant building to its original use is consistent with the
character of the district and surrounding area.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The Kennedy Park Neighborhood Plan (2022) makes no specific mention of this use. The
proposed use is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation
and adaptive reuse of the property in the city.
Criteria for Decision Making: Variance(s)
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community
Approval of Variances should not be injurious to the public health, safety and general
welfare of the community. These variances allow for the building to be used for its original
intent. To help mitigate any potential impact on the general community, proper parking area
screening and site landscaping should be upheld.
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
Filed in Clerk's Office
0(;I n q 2022
Staff Report— BZA#0134-22 DAWN M.JONES October 3. 2022
CITY CLERK,SOUTH BEND, IN
(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
The use and value of the area adjacent to the property should not be affected in a
substantially adverse manner. The site has existed in this layout since the 1960s. While
parking in the established front or corner yard is not preferred, the proper parking area
screening and site landscaping should reduce any negative impact on the surrounding
properties use and value.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the Zoning Ordinance would require the building to be demolished and
relocated in order to allow access and parking in a different configuration. The addition of
landscaping, however, could easily be accomplished.
(4) The variance granted is the minimum necessary
The variance for parking location is the minimum necessary to operate the intended use in a
reasonable manner. Though parking is not required, providing some off-street parking would
be practical for the business. There is no practical difficulty for the requested landscaping
variances. There is more than
(5) The variance does not correct a hardship cause by a former or current owner of
the property
This site has been in this configuration since the 1960s. The Zoning regulations at the time
did not prohibit parking in the front yard. Variance#1 is not correcting a hardship caused by
the current owner. There are remedies that would allow the petitioner to install the proper
landscaping.
Analysis & Recommendation
Analysis: While the Neighborhood Center Zoning District encourages pedestrian orientated
development, the use of Major Vehicle Service is an allowed Special Exception in the district for
instances such as this where the original intent of the building was for an automotive repair
shop.
Approving a variance to allow parking in the established front and corner yard will allow for the
reuse of the existing building without forcing a reconfiguration of the site. To mitigate the impact
of the parking variance, it is important to enforce the landscaping requirement. The site contains
no practical difficulties that would prevent the installation of the appropriate landscaping for the
site.
Staff Recommendation: Based on the information provided prior to the public hearing, Staff
recommends the Board send the Special Exception to the Common Council with a favorable
recommendation. Staff recommends the Board approve Variance#1 to allow parking in the
established front and corner yards subject to no outdoor storage, and deny Variances 2 and 3.
1/4.4)t IIII I ''.I) BO,‘IRDOF !O\I\G U'PII 8,LS I'au. 4 ,)I4
Filed in Clerk's Office
City of South Bend
BOARD OF ZONING APPEALS CINCLOAVVN ERK, SOUTHEEND IN
September 7, 2022
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception Use at 506 N Olive St.
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 September
12, 2022, Council meeting and set it for public hearing at your October 10, 2022, Council meeting.
The petition is tentatively scheduled for public hearing at the October 3, 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:
To allow for an autobody 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 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning
City of South Bend
BOARD OF ZONING APPEALS
Petition for Variance - Special Exception
Property Information ,..,
Tax Key Number: �i" 403D-- 0q7
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Address: Se''(.' y, &'/.r i.'ic
Owner: £ 4 U); i/1.9- S
Zoning: Choose the current district
Project Summary:
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iirs)Cf- .0 -en) e'&47\
Requested Action
❑ Special Exception — complete and attach Criteria for Decision Making
Use requested:
❑ Variance(s)- List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
VA Cit-, r (-We\Un r1/0
67L-1) $7tj —
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IpAID AUG 112022
Required Documents
❑ Completed Application (including Criteria for Decision Making and Contact Information)
❑ Site Plan drawn to scale
Filed in Clerk's Office
• Filing Fee
StN ) 7 ?pi
DAWN M.JOiNES
CITY CLERK, SOLI. BEND IN E
Criteria for Decision Making
Special 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, becuse ------
riled in Clerk's Office
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DAWN iv- ZKES
CITY CLERK, SOUTH BEND, IN
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
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(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:
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(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
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tgo,. 1cPi'ion
Criteria for Decision Making
Variance(s) -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, mor4ls afidEgOnprOlerk's Office
welfare of the community, because: ----.__
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SLP () 7 7077
DAWN M.JONES
CITY CLERK, SOUTH BEND, IN
(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:
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(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
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(4) The variance granted is the minimum necessary, because:
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(5)The variance does not correct a hardship caused by a former or current owner of
the property, because:
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Filed in Clerk's Office
SLN 0 I ?O?
DAWN Vii. JONES
• - BEND, IN
Contact Information
Property owner(s) of the petition site:
Name: ,--•'37]61 i'Vi , )115
Address: tf\'g j eg-e0A .
k jQ 1 (1)(3
Name:
Address:
Name:
Address:
Contact Person:
Name: hV U c\-v14
Address: 0(3"Z)
Phone Number: ;J - -6O (G�
E-mail: Q Lt I I f I;(0415'15' i( load. ( Cirkl
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
Filed in Clerk's Office
---1
DAWN M. JONES
((--
CITY CLERK,SOUTH BEND, IN i