HomeMy WebLinkAboutBill No. 24-23 Special Exception at 1127, 1131, & 1135 W. Western Ave.City of South Bend
BOARD 4F ZONING APPEA S n���tkso
May 16, 2023 MAy
Honorable Lori Hamann
4th Floor, County -City Building
South Bend, IN 46601
RE: Special Exception at 1127, 1131 and 1135 West Western Avenue
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 May 22, 2023,
Council meeting and set it for public hearing at your June 12th, 2023 Council meeting. The petition
is tentatively scheduled for public hearing at the June 5, 2023, 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:
A Special Exception for major vehicle service.
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,
Kari Myers
Zoning Specialist
CC: Bob Palmer
County -City Building 1 227 W. Jefferson I South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning
City of South Bend
BOARD OF ZONING APPEALS
227 W. Jefferson - Suite 14005
South Bend, IN 46601
zoning@southbendin.gov
RECEIVED APR 0 4 B23
Property Information 018-3072-2825, 018-3072-2826, 018-3072-2828
Tax Key Number:
Address: 11 319 lvk4�,1 ,4 291,20)
Owner: LOLVI b 07kle c a ►n
Zoning: Choose the current district x' C
Project Summary:
Requested Action
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ITS pecial Exception - complete and attach Criteria for Decision Making
Use requested: A u ka �c PC, r-
❑ Variances) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
❑ Completed Application (including Criteria for Decision Making and Contact I'A(orm�atition
❑ Site Plan drawn to scale
❑ Filing Fee A P R 0 3
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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:
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(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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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:
Property owner(s) of the petition site:
Name:►3� LI C
Address: _/� 4. 9a X IJ(26L-1
Name:
Address:
Name:
Address,
Contact Person:
Name: &v', a ParLIC' V7
Address: P.O. (10 X it in �y
So%M i 9,e. -,,rt -rnl "6 ?,q
Phone Number: S 7 Y • 21-' - 21 8.-
E -mail: Act vI J a(-4 21r�- 0 #1, cow"
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:
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BILL NO. 24-23
ORDINANCE NO.
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AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, and 1135 WEST
WESTERN AVENUE, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow for the use of Major Vehicle Service
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:
1127, 1131, and 1135 West Western Avenue, South Bend, IN 46601. 018-3072-2825,
018-3072-2826, and 018-3072-2828
In order to permit major vehicle service
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;
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 , 2023, at
o'clock . m.
.m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2023, at o'clock
James Mueller, Mayor
City of South Bend, Indiana
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