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HomeMy WebLinkAbout86-23 Special Exception at 3001, 3011 and 3015 West Western AvenueFiled in Clerk's Office City of South Bend DEC 05 2023 BOARD OF ZONING APPEALS °ER.AWN S�T�B�"°�" CITY GI�RK, December 6, 2023 Honorable Lori Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: Special Exception at 3001, 3011 and 3015 West Western Avenue 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 December 11, 2023, Council meeting and set it for public hearing at your January 8, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the January 2, 2024, 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: Vehicle Service, Minor 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 3 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 January 3, 2024 Common Council of South Bend 227 W. Jefferson Blvd, 4' 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 . U CITY CLERK, SOUTH BEND. IN Re: 86-23: The petition of WESTERN AVE LLC seeking a Special Exception for Minor Vehicle Service in the NC Neighborhood Center for property located at 3001, 3011, and 3015 WESTERN AVE Dear Council Members: I hereby Certify that the above referenced petition of WESTERN AVE LLC was legally advertised on December 23, 2023, and that the South Bend Board of Zoning Appeals at its public hearing on January 2, 2024, took the following action: Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously carried, a petition by WESTERN AVE LLC seeking a Special Exception for Minor Vehicle Service for property located at 3001, 3011, and 3015 WESTERN 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. Kari Myers Zoning Specialist Attachment CC: WESTERN AVE LLC Manuel Villegas Theodore Thymianos Building Department Bob Palmer Property Information Location: 3001, 3011, and 3015 WESTERN AVE Owner: WESTERN AVE LLC Project Summary Requesting a special exception for Vehicle Service, Minor, and proposing a parking lot on vacant eastern lot. Requested Action Special Exception: Minor Vehichle Service Variance(s): 1) from the minimum 60% transparency of a front facade to 7% and from the minimum 20% transparency of a corner facade to 0% 2) to allow parking in the front/corner yard Site Location i� ,.4 W.WESTFERN AVE 1W Ali .-n > { 1 r i 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 deny Variance #1 to allow reduced transparency requirements. Staff recommends the Board approve Variance #2 to allow parking in a front/corner yard. SOUTH BEND BOARD OF ZONING APPEALS Page I of 5 Staff Report - BZA#0245-24 Proposed Site Plan January 2, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 5 Staff Report - BZA#0245-24 January 2, 2024 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 building is brought up to NC building standards, 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; Western Avenue is a long established mixed use corridor. The building was utilized to accommodate commercial vehicle repair from 1985 until 2017. The approval of the Special Exception should not injure or adversely affect the use of adjacent area, provided the building is brought up to NC building standards. (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 building was originally constructed for window manufacturing, and was then used as a commercial vehicle service station from the mid 1980s until 2017. The NC Neighborhood Center District allows this as a Special Exception in order to evaluate the appropriateness in specific areas. At this location, the reactivation of the 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 plan is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation and adaptive reuse of the property in the city 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 The approval of variance #1 may be injurious to the general welfare of the community. The low transparency does not meet the intent of the Ordinance to create pedestrian oriented buildings in the NC district that appropriately address the street. The approval of variance #2 should not be injurious to the general welfare of the community. The parking lot will be built to all development standards and serve as an accessory use to the minor vehicle repair. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 5 Staff Report - BZA#0245-24 January 2, 2024 (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 approval of variance #1 may adversely impact the use and value of adjacent properties. Design standards in the NC district encourage buildings with active facades that address the street. The existing 7% transparency does not meet the intent of the Ordinance. Variance #2 should not adversely impact the use and value of adjacent properties. The parking lot will be built to all development standards and mirrors the layout of several proximal buildings. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the Ordinance would not result in practical difficulties in the use of the property for variance #1. The building could meet transparency standards utilizing existing window openings. Due to the narrow width of the corner lot, strict application of the Ordinance on variance #2 would substantially reduce the parking capacity of the parcel. (4) The variance granted is the minimum necessary Granting variance #1 would not be the minimum necessary. Reducing minimum transparency requirements from 60% to 7% would not meet the intent of building standards in the NC district. Granting variance #2 would be the minimum necessary. The Ordinance mandates a 12' setback for corner yard parking when no building is present on the parcel. Reducing this setback to a type 1 buffer would allow for more parking while still preserving the intent of the Ordinance to buffer the lot from the sidewalk and adjacent parcels. (5) The variance does not correct a hardship cause by a former or current owner of the property Variance #1 corrects a hardship caused by a former owner of the property. The existing window openings would meet the 60% transparency requirements but were boarded up by a previous owner. If the current owner were granted the Special Exception, the owner would have to meet all development standards, including transparency standards. Variance #2 responds to the narrow width of the lot, which was not a hardship created by a former or current owner of the property. Analysis: The building was originally constructed for window manufacturing, and was then used as a commercial vehicle service station from the mid 1980s until 2017. While the Neighborhood Center Zoning District outlines pedestrian orientated development, the use of Vehicle Service, Minor is an allowed Special Exception in the district, particularly for such instances. Because the proposed use is consistent with a previous use, it is within the character of the district and surrounding area. The site contains no practical difficulties and it would not affect the usability of the site to install appropriate transparency that meets the standards of the Ordinance. However the use of the corner parcel as a parking area, if held to setback requirements, could hinder the usability and reactivation of the parcel. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 5 Staff Report - BZA#0245-24 January 2, 2024 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 deny variance #1 to allow reduced transparency requirements. Staff recommends the Board approve variance #2 to allow parking in a front/corner yard. SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 5 BILL NO.86-23 ORDINANCE NO. 11000-23 Filer in Clerk's office DEC 0 5 1023 DAWN! M. jONES „CLERY gOUTH BEND. 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 3001, 3011 AND 3015 WEST WESTERN, 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 Minor 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: 3001 'West Western 018-4055-2040 3011 West Western018-4055-2038 3015 West Western 018-4056-2079 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. that: SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds 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 James Mueller, Mayor City of South Bend, Indiana 2023, at _ o'clock. -2- City of South Bend BOARD OF ZONING APPEALS 227 W. Jefferson - Suite 1400S South Bend, IN 46601 zoning@southbendin.gov Property Information Tax Key Number: 71-08-10-154-023.000-026,71-08-10-154-024.000-026,71-08-10-154-025.000-026 Address: 3001, 3011 and 3015 W Western Ave Owner: Western Ave LLC Zoning: NC Neighborhood Center Project Summary: Special Exception for the use of Vehicle Service, Minor in an NC district Special Exception for the use of a Parking Lot in an NC district variance from the 60% front fasade transparency requirement in an NC district variance from the building material requirements in NC Requested Action []✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: Vehicle service minor 0 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Window size at 3011 W Western Ave. 3011 W Western Ave was never retail space it is a six thousand feet of empty warehouse space. It has never had windows. We added windows to add light to the interior. The height of the windows is needed to reduce the incidence of broken windows. Stone Facade 3015 W Western Ave The stone fasade on the first floor of 3015 W Western ave was falling off. 50% of it was gone. It was not an original feature of the building pror to 2014. We repaired the wall by returning it to it original stucco exterior. Parking on side yard. The properties around the lot are commercial. It is a half a city lot that has always had a pea gravel surface . Required Documents 0 Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 0 Filing Fee rFediled +n eT 5-DECn 2023 D.AWNcLEF ".__ J S - 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: The proposed use does not cause injury to public health or safety or comfort. The proposed change does not affect Moral standards. The propsed change creates a more competitive environment for automative work. More repair shops leads to more competion and more capacity is more conveniance and faster service for the public I would categorise an addition repair shop on Western as a positive for the general welfare. Having an operating car is how you get to work, the doctors office and to the grocery store. Western is the place to go for reasonable cost repairs because of the many shops. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Automotive repair is existing on Western Ave. The street already supports many repair shops and car dealers. Another shop would not be out of line with the activity that is existing. Western Ave LLC takes up the majority of the block between Camden and Dundee. Prior to the repair/detail shop oppening the building was boarded up and used as warehouse space. Now there is activity and the building is alive ! (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: Automotive repair is existing on Western Ave. The street already supports many repair shops and car dealers. Another shop would not be out of line with the activity that is existing. It provides another needed service to community. Being able to keep your car running is how you get work to the doctors office and to the grocery store. Western Avenue is the place to go for reasonable cae repairs. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The majority of the block on Western between Camden and Dundee had been empty and boarded up since Power Brake and Spring moved out over a decade ago. The building now is supporting unsubsidised businesses creating jobs paying taxes and adding services to the community. We would be happy to talk to the city about improvements to the facade and look of the building. Without paying viable tenants it would have continued to be a vacant eye sore. 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: Adding parking does not take away anyhing from the community. It will be an improvement visually and functionally. It a net addition. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Parking on the lot at 3001 W Western Ave will increase the amount of availble parking in the area by decreasing the need for street parking. (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: This a city lot with its own tax id. Leaving it unused would end up making it a dumping ground for mattreses and refuse. There is a need for more parking in the immediate area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Additional parking encourages more activity in the area. Variances) - 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: The transparancy percentage of the area between 2 and 8 ft at the front 3011 W Western Ave was zero. The addition of windows brought it to 40%. 3011 W Western Ave is not retail shopping space it is six thousand feet of warehouse space. It has never had windows. We added windows to add light to the interior. The height of the windows helps reduce the incidents of theft and vandalism. (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: Adding windows to warehouse space is an improvement and does not in anyway detract the value of the surronding property. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Larger windows attract break ins and vandalism because windows are lower and more accesable to breakage and to entry. We have experienced vandalim in the past. (4) The variance granted is the minimum necessary, because: There is a tradeoff between security and esthetics with windows at this particular time. The currant size of the windows is a compromise that taks into account security. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: Variances) - 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: variance from the building material requirements in NC. The stone fasade was not an original feature of the building and appeared after 2014. The stone facade was falling down whens we bought the building. We repaired the wall by returning it to it original stucco exterior. (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: The stone facade on the first floor of 3015 W Western ave was falling off. We repaired the wall by returning it to it original stucco exterior an improvenent. (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: Manuel Villegas Address: 4102 W Western South Bend Indiana 46619 Name: Theodoros Arhontas Address: 2565 Portage Ave Las Vegas NV 89120 Name: TheodoreThymianos Address: 9866 Raven Wing Canyon Ct Las Vegas NV 89183 Contact Person: Name: Theodoros Arhontas Address: 2565 Portage Ave Las Vegas NV 89120 Phone Number: 702-945-8307 E-mail. Ted.Arhontas@gmail.com 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: r