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Home My WebLink AboutBill No. 11-23 Approving a Petition for the Property at 1330 High St. and 909 E. Broadway St. Councilmanic Dist No. 3City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office I APR O 4 2023 I .. -DAWN M. JONES CITY CLERK, SOUTH BENO, IN Re: The petition of RED TAIL PROPER TIES LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, Bill#l 1-23 Dear Council Members: I hereby Certify that the above referenced petition of RED TAIL PROPERTIES LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by RED TAIL PROPERTIES LLC seeking a Special Exception for Heavy Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, City of South Bend, is sent to the Common Council with an unfavorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition and exhibits received prior to the meeting are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �?Jt.� Angela M. Smith Zoning Administrator Attachment CC: RED TAIL PROPERTIES LLC Bryan Cook BILL NO. 11-23 Filed in Clerk's Office o , ; nr4u101APR042O23 47, 0 DAWN M.JONES CITY CLERK SOUTH BEND, INr Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 February 25,2023 Dear Tim Corcoran: Although I talked with you about this issue at the talk to the mayor session at Riley High School, at our monthly SOAR meeting on February 14,it was decided that I should write an official letter of concern and assistance for the city to close the"junk yard"which has been established at the former site of the Pepsi Cola Bottling Plant. This eyesore should not be allowed in a predominantly residential neighborhood.We know that light industrial is the official zoning of the area north of Broadway,east of High,south of Sample,and west of Miami,but there must be some limits.In addition,was the buyer honest about his intention for this property at the time he purchased it,and would the sale have been finalized with this intent?What can we do about this? Stephenie at LangLab told me that you called her the next day expressing concern.We are grateful for that.We hope LangLab can thrive,but its surrounding area will need to be attractive to their customers.Especially as they plan to make major improvements to their building and parking lot. Please do whatever the city can to end this use,and the abuse of our residential area.And please keep us informed of what is going on,and let us know if there is anything we can do to help. Thank you. Sincerely, Conrad Damian, President Kate Bolze From: Rahman Johnson <rocknd9393@gmail.com> Sent: Monday, April 3, 2023 1:28 PM To: Zoning Subject: BZA#0183-23 RED TAIL PROPERTIES LLC 1330 and 1306 High St. Dear Board of Zoning Appeals, Please accept this letter as opposition to the requested action of Special Exemption for Heavy Industrial at the location referenced above. My name is Rahman Johnson and I reside at the following address: 728 Pennsylvania Ave.,South Bend, IN 46601. I believe this site or Junkyard poses a serious threat to the health of the residents and environment that live near this site. This threat includes hazardous materials such as lead batteries, mercury from light switches, anti-freeze,freon from cooling systems, polychlorinated Biphenyls (PCBs) Chlorofluorocarbons(CFCs), asbestos found in brake pads, motor oil, and heavy other metals. These toxins pose real health risks and can be linked to kidney disease, possible brain damage, problems with the blood and damage to the reproductive and nervous systems. In addition, PCBS and asbestos are carcinogenic. The environmental concerns include plant contamination,endanger animals,soil and groundwater. These heavy metals and other contaminants may enter drinking water and pose risk to everyone living near this site. Again, my name is Rahman J Filed in Clerk's Office APR 0 4 ZQZ DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend RECEIVED MAR 0 3 2023 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information 018-7017-072604,018-7017-072601, 018-7010-037101 Tax Key Number: 0 1` a ) r quo Address: ( 3 b i i l owner: G ` i fropeYT1(... LLL Zoning: Project Summary:Ve-k ICJr TO W Ivy9 ;DI v.S G Nr\ 1r e_ 1 1 f - S r\e_2G a -eV\ce c\. \-\,\ y Requested Action Vpecial Exception—complete and attach Criteria for Decision Making Use requested: Industrial,Heavy- Salvage Yard Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Informal) i ' D Site Plan drawn to scale Filing Fee iriw,k G IkhPer. 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: L1',n tac.\ C.\\ Q3,1[N. r cAr 0 C vires y CkV 4.3\-CIA- -- 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: T w`1 1 av , } v\ f- k e-s ,1, c7 r c ‘s-\e T . C c>v 1 l \ t ` e `k s F ck r ,5 0. d C,U- 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: c, ( \, re c.1 U 1 L 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: il)TE L 7ILSI Ltd Address: LI(OO Le(a. FAV- WilLf miSVOILOVIKrA , IN uc)Sc( S Name: Address: Name: Address: Contact Person: Name: rya v‘0 Address: 0,4-V 3e v.4 , TW, 966 (`-( Phone Number: t-/ S-G 3 S52 E-mail: c)c;V 77 m aC_o trv-\ 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 thus 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: A11/)0 Ct ( crt-- incl J o LLL J Ci , 4,,, yam: Y, ': ?,; ..+ ..,t:`.x€n Vii ' Tattoo N. 4 k y 41r. k i• ;'' , e CPConnexi a 14...,,,::: t ck dd;Y w7 1330 High LLC c 4.'It k R6 s fife ixt„„, Broadway IMm y: uilders Q. at 714"1-7"1",,A,1, ' . a Q Broadway St v,z: E1Broadway 3 V •' " i' wrliedi 0 0 op 41,:f)CCHi MAR 0 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN