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Home My WebLink AboutSpecial Exception - Property Located at 1047 Lincolnway EastAttest: RESOLUTION 4252 -13 Passed by the Common Council of the City of South Bend, Indiana '• 13 20 Presented by me to the Mayor of the City of South Bend, Indiana April 9, 20 13 Approved and signed by me NICE) L /L City Clerk President of Common Council 20 13 . City Clerk W. RESOLUTION NO. '� L Z (� A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1047 LINCOLNWAY EAST WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED 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 Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1047 LINCOLNWAY EAST in order to permit MANUFACTURING OF FOOD PRODUCTS IN A f°LB" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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 the adjacent area or property values therein; 3. 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 established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. pRESENTM + V 3 ;NOT APPROVED ADOPTED al�a�d' �k& Member of the Common Council ale �° a LUiJ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1047 LINCOLNWAY EAST Respectfully report that they have examined the matter and that in their opinion, this bill is ,being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole Date: February 12, 2013 To: Area Board of Zoning Appeals and Common Councilmen and Councilwomen of the City of South Bend South Bend, Indiana From: Sean Meehan and Andrew Walton 2416 River Ave Mishawaka, Indiana 46544 Property in Petition: 1047 Lincoln Way East South Bend, Indiana 46601 Variance Requested: Seeking a Special Exception to allow manufacturing of food products in Local Business "LB" District for use of a Micro - Brewery and Restaurant. With regards to the variance we are seeking, the proposed use will: 1) Not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare of the community because all manufacturing being done at the property will be self- contained and all manufacturing materials will be regarded as safe and for human consumption; 2) Not injure or adversely affect the use of the adjacent properties or property values within because all manufacturing materials are regarded as safe and for human consumption; 3) Be consistent with the character of the district in which it is located and the land uses authorized therein because of other businesses located in the immediate area; and 4) Be compatible with the recommendations of the City of South Bend Comprehensive Plan. For Property: 1047 Lincoln Way East South Bend, Indiana 46601 Zoned Local Business ( "LB ") 3`d District of South Bend Valerie Schey — Congresswoman Sean Meehan 2416 River Ave Mishawaka, IN 46544 574 - 210 -6809 X Sean Meehan 8ft Aft i 76ft 48ft 0 130ft �WN ice W y 3 v � u L m O O 2 M c ° c Q � sa 3 � 0 z m clc °a w 87ft cq a 2 aft e 9'. z Q CL LLI F- V) V Q w Q z J O U _z J EXISTING PARKING LOT PLAN ST JOSEPH RIVER CUSTOMER RESTROOMS ADA AND HALLWAY ENTRANCE --► .. ■ CURB CUT #1 CURB CUT #2 CURB CUT #3 IN OUT LINCOLN WAY EAST '1� ALE HOUSE RESTAURANT MAIN ENTRANCE cels County Parcels Rec PARCELID NAME 1 MAILINGAD MAILINGCIT MAI MAILIN PROP—ADD PROP CITY PRO PROP — D LIN GZIP R — P ST ZIP SLM 1072 018 -7017- MANAGMENT P 0 BOX LINCOLNW 1 0689 LLC 855 Bristol IN 46507 AY E South Bend IN 46601 SLM 1072 018 -7017- MANAGMENT P 0 BOX LINCOLNW 2 0689 LLC 855 Bristol IN 46507 AY E South Bend IN 46601 1047 018 -7017- 54716 3 0684 DKK TRUST Merrifield Dr Mishawaka IN 46545 �LINCLOLNW AY E South Bend IN 46601 LOTS G2 F2 E2 018 -7017- 54716 LINCOLNW 4 0680 DKK TRUST Merrifield Dr Mishawaka IN 46545 AYE BRIDGE 1009 018 -7017- FINANCIAL LINCOLWA 50719 SERVICES INC 1009 LWE South Bend IN 46601 Y EAST South Bend IN 46601 1044 018 -7017- SZYNSKI 1044 Lincoln LINCOLNW 6 0681 MICHAEL Way East South Bend IN 46614 AY E South Bend IN 46601 SLM 1072 018 -7017- MANAGMENT P 0 BOX LINCOLNW 7 0689 LLC 855 Bristol IN 46507 AY E South Bend IN 46601 MUNICIPAL 1036 018 -7017- CITY OF SOUTH County City LINCOLNW 8 067801 BEND Bldg South Bend IN 46601 AY E South Bend IN 46601 MUNICIPAL 1036 018 -7017- CITY OF SOUTH County City LINCOLNW 9 067801 BEND Bldg South Bend IN 46601 AY E South Bend IN 146601 1048 018 -7017- PETERS LINDA 1048 Lincoln LINCOLNW 10 0683 M Way E South Bend IN 46601 AY E South Bend IN 46601 LINCOLNW BURKHART AY & 018 -7017- ADVERTISING Attn: Pat IWEMGER 11 0692 INC Hurley South Bend IN 46615 VAC INDIANA & MICHIGAN ELECTRIC COMPANY ATT: 018 -7017- TAX Po Box 220 W 12 0686 DEPARTMENT 16428 Columbus OH 43216 COLFAX AV South Bend IN 46601 SLM 1072 018 -7017- MANAGMENT P 0 BOX LINCOLNW 13 0689 LLC 855 Bristol IN 46507 AY E South Bend IN 46601 140682 018 -7017- DKK TRUST 54716 Merrifeild Dr Mishawaka IN 46545 LINCOLNW AY H 2W & K MYCO PTS LOTS E 018 -7017- 1008 Lincoln X WENGER- 15 0678 PTERPRISES C Way East South Bend IIN 46601 LLE GRAND TRUNK WESTERN RR% CN BUSINESS 1 131 W 018 - 7017 - DEVEL & REAL Administratio LAYAYETTE 16 0679 ESTATE n Rd Concord ON L4K1 B9 BL If South Bend IN 46614 &. ) / , -6 }$/ kk\) CO \7 ;{ /y / \ \ \c I¥�! I iq§! E)k\ ƒ ; a 0 ,� S |[2: f ) ƒk) / §\ k2 ){ $i z : ! 7 . &• Wednesday, March 6, 2013 4th Floor, Council Chambers AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA AGENDA 1:30 p.m. County -City Building 1. The petition of Michael & Teresa Hardy seeking the following variances: from the maximum allowable 1,383 sq. ft. for accessory structures to 1,920 sq.ft.; from the maximum allowable 17' height for accessory structures to 20' and from the maximum allowable 4 stalls for accessory structures to 5, on property located at 825 Potter Point Drive, Centre Township. Zoned "SF 1 ". 2. The petition of John & Kara Corban seeking a variance to allow a 4' wrought iron fence in front of the wall of the main building, on property located at 117 N. Olive Street, Town of Osceola, Penn Township. Zoned Residential. - 3. The petition of Joseph Kafka seeking a variance to allow a 1,728 sq.ft. building on a parcel without a primary building, on property located at 204 S. Harris St., Town of New Carlisle, Olive Township. Zoned Residential. 4. The petition of Ceres Farms, LLC and Stephen E. & Sharon L. Gumz seeking a variance from the required 600' frontage to 0', on property located on the east side of Smilax Road north of Madison Road, Greene Township. Zoned Agricultural. 5. The petition of Mary Hershberger seeking the following: PARCEL I. from the required 20 acres to 2.19 acres; PARCEL II.• from the required 600' frontage to 392', on property located at 62788 Ironwood Road, Madison Township. Zoned Agricultural. 6. The petition of Barnes & Thornburg, LLC seeking a variance from the maximum allowable 385 sq. ft. for an upper level building identification sign to 466 sq.ft. on the north facing fagade and to 466 sq. ft. for the south facing fagade, on property located at 100 N. Michigan Street, Portage Township. Zoned "CBD ". 7. The petition of Sean Meehan and Andrew Walton seeking a Special Exception to allow manufacturing of food products in a "LB" District, on property located at 1047 Lincolnway East, Portage Township. Zoned "LB" OTHER BUSINESS: AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 March 7, 2013 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Sean Meehan & Andrew Walton ABZA 3/6/13 Dear Council Members: The above referenced petition of Sean Meehan and Andrew Walton was legally advertised on February 15, 2013. The Area Board of Zoning Appeals gave it a public hearing on March 6, 2013 at which time the following action was taken: Upon a motion by Mr. Matthys being seconded by Mr. Urbanski and unanimously carried, the petition for Special Exception to allow manufacturing of food products in a "CBD" District, on property located at 1047 Lincolnway East, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS SEAN MEEHAN & ANDREW WALTON FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 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: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of MARCH, 2013. YES NO 0 MICHAEL URBANSKI RANDALL MATTHYS ABSENT JACK YOUNG GERALD PHIPPS ABSENT ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH