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Home My WebLink AboutBill No. 69-22 Special Exception at 1405 Portage AveCit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 December 6,2022 DEC 0 6 2022 ' Common Council of South Bend DAWN M.JONES CITY CLERK,SOUTH BEND,IN 227 W.Jefferson Blvd,4th Floor South Bend,IN 46601 Re: Bill#69-22: The petition of PEAK INVESTMENT&ASSET MANAGEMENT LLC seeking a Special Exception for Tobacco/Hookah/Vaping in the NC Neighborhood Center for property located at 1405 PORTAGE AVE. Dear Council Members: I hereby Certify that the above referenced petition of PEAK INVESTMENT&ASSET MANAGEMENT LLC was legally advertised on November 25,2022 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 Kyle Copelin,being seconded by Mark Burrell and unanimously carried,a petition by PEAK INVESTMENT&ASSET MANAGEMENT LLC seeking a Special Exception for Tobacco/HookahNaping for property located at 1405 PORTAGE AVE,City of South Bend,is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. 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, 4- M. C`77', LI- Angela M. Smith Zoning Administrator Attachment CC: PEAK INVESTMENT&ASSET MANAGEMENT LLC Staff Report— BZA#0145-22 December 5, 2022 Property Information Location: 1405 PORTAGE AVE Owner: PEAK INVESTMENT &ASSET MANAGEMENT LLC Project Summary To open a tobacco/hookah/vaping shop at the existing 1 story building Requested Action Special Exception: Tobacco/Hookah/Vaping Variance(s): 1) To allow for parking in the establish front yard 2) From the 60% minimum transparency to none Site Location 1.e t ii II. Is 1 t t\: N N O N kr o N w o O c i a.cG itn 1 11aQ1 iiiisifi 4,..1_----.3# sy 1 i Y 1I il t' lilt*a tn Clr ' 'lI 7t4 Q i it I tt I s111l'O. i it i 1 - \ \Ct. " ---al t 71i A r Il is II tr C q 0 CI tdn4 i Yta. Hi.0 .•*ss S I C 4t a R it.'3 n 74:40" 4:4•71 rs,n X0.6'S Q N 4- a 1. CI jm CC Staff Report—BZA#0145-22 December 5, 2022 Criteria for Decision Making: Special Exception A Special Use 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 site is brought up to the current development standards of the Ordinance, the proposed use should not be injurious to the public health, safety, or general welfare of the community. This portion of Portage Ave. has a mix of commercial and residential uses. With the commercial uses lining the corridor. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values. With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The developme 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 will be consistent with the character of the district. The corridor has a mix of commercial uses and this use will be consistent in the development standards of the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition, with City Plan, South Bend Comprehensive Plan (2006). Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 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 Since this is located in a commercial node, approval of the parking variances should not be injurious to the public health, safety, or general welfare of the community. The variance for reduction of transparency can have a negative impact on the safety of the community as it does not allow for visibility into the store and reduces visibility of the street. 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 Approving the variance for minimum transparency could negative affect property values. Buildings without windows often look abandoned an can contribute to the perception of SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report—BZA#0145-22 December 5, 2022 blight in the area. With proper buffering, the variance for parking in the front yard should not adversely affect surrounding properties. 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 window cavities appear to still be in place, which should eliminate any practical difficulty from reestablishing the proper transparency on the building. 4) The variance granted is the minimum necessary Provided the parking area is configured to meet current design standards and any excess pavement is removed, the variance should be the minimum necessary to allow for operation of the site. The variance requested for the transparency is not the minimum necessary since the windows can easily be reinstalled. 5) The variance does not correct a hardship cause by a former or current owner of the property The building was developed prior to standards that promoted street activation and pedestrian scaled design. The hardship for the building location was not created by the owner. The building, however, was designed with a large amount of windows that would meet or exceed the current Ordinance. They have been covered over time by previous owners and could easily be restored to meet the intent of the district. Analysis & Recommendation Analysis: With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The development standards of the NC Neighborhood Center district should be applied to the property to help mitigate any impact on the surrounding neighborhood. This property is located at a commercial node along Portage Avenue. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the petition to the Common Council with a favorable recommendation. The Staff recommends the Board approve variance#1 for parking in the established front yard, subject to meeting current development standards for off street parking and removing any excess pavement. The Staff recommends the Board deny variance#2. F i! ffice DEC o 6 ZOZZ DA\;\, M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 4 of4 riff T Tice City of South Bend Nov a92Qz2 C y DAWN M.J NE BOARD OF ZONING APPEALS CITY CLERK,SOUTH BEND,IN 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/vape 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 227 W. Jefferson - Suite 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 zoning@southbendin. ov RECEIVED NOV 0 46601zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-03-35-360-020.000-026 Address: 1 405 Portage Avenue, South Bend ,INDIANA 46616 Owner: Peak Investment and asset Management, LLC Zoning: NC Neighborhood Center Project Summary: To open a Tobacco /hookahNaping shop , at the existing 1 story building 1675.5 sq ft (Surveyenclosed) Requested Action J Special Exception/ Use Variance – complete and attach Criteria for Decision Making Use requested:21-06.01(k)(20) I Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested t.) To a.11cw rar eckr4-t inn -4\A. e5 b\AsLA Vort yacc Z.)tAle (4010 v\siek ree r-c 4-1t!a note. f"i!c ra i , ;T.k s Office NOV 0 9 20;1 DAWN M.JONES CITY CLERK. SOUTH BEND,IN Required Documents Q Completed Application (including Criteria for Decision Making and Contact InformationF-421 Site Plan drawn to scale I D Filing Fee 400 NOIJ 'r' -'1111 Per-6474o 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, 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 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, 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: 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 praveeng217@gmail.com 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: I( g_AN V €51 L L_O tt4 U L L A / I NI'0N38 HIOOS` HTInAlio06. S3No'W NMVOn,4 Maw .1, 1 . 0171.0....0 DIV 4 $3Q ONY 9NIAiNJns 1,...1...,.,... NVaaor-Ado-mop"' ww'T/1 061107...,..e WI' Z?OZ 6 0 /ION le 82D0>NI.P009 ssuppWIGSAufocl vcn y e yad L06l MoepY.r, H mom yFevnseau.Peel SdSN/V17V 1071 ZS weer! alma fa n' n.vuuuw s memeaww..rrrrw wee SMB9 A YJw>aw am10400 0s aarwo,.o wAAr1as ws OOki 4iT.oannaoar..aaR..vffI LL Y P lin Wen roll. 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