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Home My WebLink About17-25 Special Exception at 3401 Western Avenue City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 May 6,2025 Filed in Clerk's Office MAY 0 0 2025 Common Council of South Bend 227 W.Jefferson Blvd,4`h Floor Bianca TiradoBend,Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#17-25: The petition of LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE &LIQUOR LLC seeking a Special Exception for beer/wine/liquor sales in the NC Neighborhood Center for property located at 3401 WESTERN AVE Dear Council Members: I hereby Certify that the above referenced petition of LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE&LIQUOR LLC was legally advertised on March 28,2025 and that the South Bend Board of Zoning Appeals at its public hearing on May 5,2025 took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Caitlin Stevens and unanimously carried, a petition by LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE&LIQUOR LLC seeking a Special Exception for beer/wine/liquor sales for property located at 3401 WESTERN AVE,City of South Bend is tabled. 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, OtrAL Timothy Staub Zoning Specialist Attachment CC: LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE& LIQUOR LLC Palwinder Singh Building Department Bob Palmer Staff Report— BZA#0322-25 May 5, 2025 Property Information Location: 3401 WESTERN AVE Owner: LAKSHMI PRIYA & KAUR RAVNEET & MR DISCOUNT GRILLE & LIQUOR LLC Project Summary Applying for a special exception to be able to sell carry out beer, wine, and liquor as the primary use. Requested Action Special Exception: To allow beer/wine/liquor sales Site Location - r. — _ IL.- - fin - Mill �+ INO.IT rs r. 1 ,:7 rAL,.4 ,,, II I :Lncs ;0", -y W WES11RN AVE i 4., I ,4f P ,, - ,,,,,,,. . . , 1 - 4 w - - iiiiMili: aii .# Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation, with the condition that all improvements to bring the building up to zoning compliance are completed within 6 months. SOUTH BEND BOARD OF LA)e I\G APPEALS Page 1 of 4 Staff Report—BZA#0322-25 May 5, 2025 Proposed Site Plan rC y r. .:,y . il, v o h ! — - ' a 4 c 1 . I o - W c __. so i■ / lE, • itC * •r t'. - ' n ,_ 1 r CD Ca • - j co o .. w -Ti CD O ) — a C+ , . a 7 p jj ,i i Ic ... • • L `,; SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 N O N et k. kr o M as o tul cd a Site Plan—Mr Discount Grill and Liquor—3401 Western Ave,South Bend, In 46619- Parcel ID: 1 111 , Liquor o "' Shelf Kirchen a 0 Door r- Bar yi v) _ o W o a as. d T� ■ ■ ■ ■ 0 ■ ■ ■ ■ Z 0 In Bar Tables N N MI . • I O N Exit Door N c A lt E. d N ° Western Avenue' pa ao z W • C m o x a o L .� a 0 ii Staff Report— BZA#0322-25 May 5, 2025 Criteria for Decision Making: Special Exception 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; The property is currently utilized as a bar along a major commercial corridor and it is not anticipated that allowing beer/wine/liquor sales at the site would be injurious to the 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; The property is utilized as a bar along a major commercial corridor. Allowing carry out beer/wine/liquor sales should not create additional external impacts to injure or adversely affect the use of the adjacent area or property values. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; Located along the Western Avenue commercial corridor, the proposed use is consistent with the form and use of surrounding properties. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Analysis & Recommendation Analysis: Located along the Western Avenue commercial corridor, the proposed use is consistent with the form and use of surrounding properties. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation, with the condition that all improvements to bring the building up to zoning compliance are completed within 6 months. SOI'C[I L'1:AU BO,4RI)OF ZONING 1PPE LS Page 4 of 4 City Bend County-City Building o f South u t h 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 (574) 235-7627 Apri18,2025 Filed in Clerk's Office Common Council of South Bend 227 W.Jefferson Blvd,4th Floor Bianca Tirado South Bend,IN 46601 City Clerk, South Bend, IN Re: Bill#17-25: The petition of LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE &LIQUOR LLC seeking a Special Exception for beer/wine/liquor sales in the NC Neighborhood Center for property located at 3401 WESTERN AVE Dear Council Members: I hereby Certify that the above referenced petition of LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE&LIQUOR LLC was legally advertised on March 28,2025,and that the South Bend Board of Zoning Appeals at its public hearing on April 7,2025,took the following action: Upon a motion by Kane Kanczuzewski,being seconded by Caitlin Stevens and unanimously carried, a petition by LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE&LIQUOR LLC seeking a Special Exception for beer/wine/liquor sales for property located at 3401 WESTERN AVE,City of South Bend is tabled. If you have any questions,please feel free to contact our office. Sincerely, �ctit ., A� Kari Myers d Zoning Specialist Attachment CC:LAKSHMI PRIYA&KAUR RAVNEET&MR DISCOUNT GRILLE&LIQUOR LLC Palwinder Singh Building Department Bob Palmer Filed in Clerk's Office Cityof South Bend Bianca Tirado BOARD OF ZONING APPEALS City Clerk,SouthBend, IN March 12, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 3401 Western Avenue Dear Committee Chair Dr. Davis: 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 March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting.The petition is tentatively scheduled for public hearing at the April 7, 2025, 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 to allow beer/wine/liquor sales. 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, t(a../U_ Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office 18 2025 BILL NO. 17-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. 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 3401 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to permit beer/wine/liquor sales 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: 3401 Western Avenue, South Bend, IN 46619. 018-4061-2284 In order to permit beer/wine/liquor sales. 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; 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, 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. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 , 2025, at o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number:018-4061-2284 Address: 3401 Western Ave. South Bend, IN 46619 Owner: Lakshmi Priya and Kaur Ravneet Zoning: NC Neighborhood Center LI Project Summary: The premise was used as Bar and serve liquor at the premise. This use of premise is recently changed to sell liqour which is taken out of the premise for consumption, assuming the orginal use permit is valid to sell. So we apply for a special exception in the NC district to sell the liquor. Requested Action ✓❑ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office MAR 18 2025 Bianca Tirado City Clerk, South Bend, IN Required Documents ❑✓ Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale El Filing Fee 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: This site was operated as Liquor Bar earlier,was operated without injurious to the public health, confort, community moral standards, convenience of general welfare, now we want to add liquor sale so customer could buy and take it out of the facility to consume (retailing) (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Adjacent properties are also in retail business, on the right side is Gas station and convenience store, and on the left side is Dollar General retail merchant store so will not affect the use of the adjacent area or propery value. (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: It is commerically zoned and allowed for retail business purpose, and bring economic activity to the neighborehood and convenience to the public. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: We have all the occupancy and permits conforming to city business functions and met all the safety requirements in the building. 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: Lakshmi Priya Address: 6520 Lake Crest Cir South Bend, IN 46628 Name: Kaur Ravneet Address: 6520 Lake Crest Cir South Bend, IN 46628 Name: Address: Contact Person: Name: Palwinder Singh Address: 53114 Turning Leaf Dr South Bend, IN 46628 Phone Number: 574 209 1637 contact@expoempires.com E-mail: 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: a � Lam_ \_ n n --r'1 ^SHIM `\,i /l ` A' � = l� rt‘,1 n r�•� lit: f M1 _, Family Dollar •y Gas Si • 12( r ,� _ wT us- : Alif 1., - Au , if i .; .. , • . - le ? 'is h�ritlLllllI•^ ! 3 C. L 3c Mr.Discount Grill and Liquor— 3401 Western Ave, South Bend, In 46619- Site Plan- Mr Discount Grill and Liquor- 3401 Western Ave, South Bend, In 46619- Parcel ID: Stock Room Liquor o Shelf Kirchen o 3 — Door 0 • x O m ti • 0 0 • • • ■ Bar Tables Exit Door Western Avenue