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Home My WebLink AboutBill No. 71-22 Special Exception at 1502 Miami St. Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 Filed in Clerk's Office January 4,2023 Common Council of South Bend JAN 0 4 2023 227 W. Jefferson Blvd,4th Floor DAWN M.JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN Re: Bill#71-22: The petition of SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service in the NC Neighborhood Center for property located at 1502 MIAMI RD. Dear Council Members: I hereby Certify that the above referenced petition of SHARK INVESTMENTS LLC was legally advertised on November 25,2022 and that the South Bend Board of Zoning Appeals at its public hearing on January 3,2023 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service for property located at 1502 MIAMI RD,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, 44.- N gkr-61.<_ Angela M. Smith Zoning Administrator Attachment CC: SHARK INVESTMENTS LLC Harry Ortega&Luz A Matule Staff Report— BZA#0139-22 January 3, 2023 Property Information Location: 1502 MIAMI RD Owner: SHARK INVESTMENTS LLC Project Summary Allow a car detailing/carwash Requested Action Special Exception: Minor Vehicle Service Site Location Mai trill :irr t fi « „ z i. IIf HANEY AVEC Or/ 4t..'" -14..4 ;,- .-. ;,, ' . . 'il 1 . . „ Y� mss: r , it 3, , I 1- '. .'*L,'''4.--7%41.7-1';....*41 .',. , - 4 .. . , fly' �F: E LANA AVE mew Staff Recommendation Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0139-22 January 3,2023 Proposed Site Plan to 'WITT ' 3 • . . ...., - ,...,, . . . . • , . • II' . . 1_41.1ey 6 ve • . 1 . H 1 i ! ' ) , , •,,,,,, „._...:,..1:,,,, , „.. • - Ji• cr * I , - .,.. 41. -44a. I .....1 1. . _.._ -•,. VI erik..1- • .- Aill •• ... I ..,• SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0139-22 January 3, 2023 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; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The building has been designed for automotive services for several decades. All the vehicle service activities occur within the fully enclosed building. There are not hazardous materials being used or fumes created by this particular automotive service. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Since all the vehicle service activities occur with the fully enclosed building, approval of the Special Exception should not injure or adversely affect the use of the adjacent area. (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 Neighborhood Center Zoning District encourages pedestrian orientated development. The use of Minor Vehicle Service is an 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 the building in a manner that is sympathetic to the surrounding neighborhood is consistent with the character of the district. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) Objective ED1: Stimulate the rehabilitation and adaptive reuse of property in the City. Analysis & Recommendation Analysis: Granting the Special Exception will allow for the reuse of a building that was originally built for automotive purposes. Although the Neighborhood Center Zoning District outlines pedestrian orientated development, the use of Minor Vehicle Service is an allowed Special Exception in the district for such instances. With some minor landscaping improvements, the building can be reactivated in a way that works well with the surrounding area. Staff Recommendation: Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office JAN 0 4 2023 D}.vvrr M JONES SOUTH B[:'ND BOARD OF ZONING APPEALS CITY CLEHO3 TgitEND,IN Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574)235-7627 1 r-ii ,r}<'S Cff{Ce 1 December 6,2022 DEC 0 6 207^ Common Council of South Bend DA ; I DAL._ NI.JONES 227 W.Jefferson Blvd,4th Floor CITY CLERK.SOUTH BEND,IN South Bend, IN 46601 Re: Bill#71-22:The petition of SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service in the NC Neighborhood Center for property located at 1502 MIAMI RD. Dear Council Members: I hereby Certify that the above referenced petition of SHARK INVESTMENTS 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 Caitlin Stevens,being seconded by Mark Burrell and unanimously carried,a petition by SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service for property located at 1502 MIAMI RD,City of South Bend is tabled due to a lack of petitioner in attendance. The petition is scheduled to be heard at the next regularly scheduled meeting of the BZA on January 3, 2023.If the petitioner fails to appear at that meeting,the matter will be dismissed. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Zoning Administrator Attachment CC: SHARK INVESTMENTS LLC Harry Ortega&Luz A Matule Fite; 'T k's Office City of South Bend BOARD OF ZONING APPEALS Nov 0s2022 i DAWN M.JONES CITY CLERK. SOUTH BEND,IN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1502 Miami St. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception 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 an automotive carwash and 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. 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: Address: - v - - ' .. • —- - .UUc t Owner: 1-VZ4--/ 1vC� -w i, t3 Zoning: Choose the current district Project Summary: Requested Action Special Exception - complete and attach Criteria for Decision Making Use requested: Vi,kceervkC, . ck11-11-cl1r _ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested. c o� 092°2 CFRk DU H FS Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale PAID II Filing Fee SEP 1 5 2022 Per �"6 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: r-N_A-cx.‘‘ k C C (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: (ou S 0(1,c_ z-__S , r \ �5 V 'c r C (c j (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: <-i-i-1 C to o LA-5,A ck,t.c1 t S';d C► (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: c>w�I,, t Nr“ S j I ( r1 pyvo - X r lc AC€. SC✓u Ce. W�� C\Otkdl 145 e 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: Lug_ 4 , "ielvk_ Address: 754 Mi Sc11c. `s\z.wA Name: Address: Name: Address: Contact Person:/ Name: —Jul c... Address: /5 JAI, €IcIic- I SLo, } VC-0 //1e1/74-c` &7 ( l C $ Phone Number: 7/ �G� 23e kEaryy 0199 7 (2) C ra:I, am E-mail: 'okcif o 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: zyl �