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Home My WebLink AboutSpecial Exception - 1827 Bendix Rd.Attes RESOLUTION 4386 -14 Passed by the Common Council of the City of South Bend, Indiana September 22, 14 20 Presented by me to the Mayor of the City of South Bend, Indiana September 23, 20 14 City Clerk dent of Common Council Approved and signed by me � Z Y 20 j Y. City Clerk RESOLUTION NO. \i 3 gb — I' I A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1827 Bendix Rd. South Bend, IN 46628 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 Area 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 Area 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: 1827 Bendix Rd. South Bend, IN 46628 in order to permit A retail operation for St. Vincent De Paul Society SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force Common Council and approval by the Mayor.�� _�z yPRESENTED ..� NOT APPV20 after its adoption by the Common Council Filed In Cleric's Office JUL 1 4 2014 JOHN VOORDE CITY CLERK, SOUTH BEND, IN Special Exception Petition St. Vincent de Paul Society of St. Joseph Country, Inc. Petitioner: Anne Hosinski Watson, Executive Director, St. Vincent de Paul Society Location of property in petition: 1827 Bendix Rd. South Bend, IN 46628 Statement of variance requested and reason for request: A special use variance is being requested for the subject property so St. Vincent de Paul Society can legally exercise retail operations within their leased portion of the building. The proposed 42,000 SF portion of the building with frontage on Bendix Rd. will contain about a 12,000 SF retail floor to sell donated goods. 1. This zoning Special Exception will not be injurious to the public health, safety, morals and general welfare of the community because the retail floor will be clean and operated under proper HVAC. Area of operations also has a proper fire suppression system and ample pedestrian exits. 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 this Special Exception will not disrupt the operations of adjacent properties or use their premises for any reason. The retail floor requested is within the building and not visible from the outside. 3. This strict application of the terms of the zoning ordinance will not result in practical difficulties in the use of the property because it will be practiced within the legally leased portion of the subject property. Zoning Classification: LI Light Industrial Township: Portage Township S' ature Petitioner Anne Hosinski Watson Executive Director St. Vincent de Paul Society of St. Joseph County, Inc. 520 Crescent Ave., South Bend, IN 46617 1 -574- 318 -3003 Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 1827 N. Bendix Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 18 3500 Voorde Drive Owner Name: Republic National Distributing Company of Indiana LLC Owner Address: 700 W. Morris St, Indianapolis, IN 46225 Property Address: 1880 N. Kenmore Owner Name: N & D Enterprises Inc Owner Address: P.O. Box 1338, Elkhart, IN 46515 Property Address: 3409 Voorde Drive Owner Name: Lalwani LLC Owner Address: 1901 Bendix Drive Property Address: 1901 N. Bendix Owner Name: Mittiga Maria Owner Address: 26142 Twin Lakes Trail, South Bend, IN 46628 Property Address: 1735 N. Bendix Drive AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 6th day of August , 2014 , at 1:30 p.m. in the Council Chambers on the 4'h Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by South Bend City Clerk, 7/14/2014 Seeking: On •perty commonly described . Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS i Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 6th day of August 2014 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: South Bend City Clerk, 7/14/2014 Seeking: Special Exception zoning for 1827 Bendix Rd South Bend IN 46628 to allow St Vincent De Paul Society to exercise retail operations within their proposed legally leased portion of the facility. Current zoning is Light Industrial On real estate commonly described as: Industrial building on the northwest corner of the intersection of Bendix Rd and Voorde Dr and is legally described as follows: Parcel Of Land 455'X727' S c 33 38 2e Ex SE Cor.03 &+- 08/09 S lit to Qity for Street 9530QCD 11 -28 -07 Dated this day of Area Board of Zoning Appeals Carolyn A. Henry Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 7, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for St. Vincent DePaul Society ABZA 8/6/14 Dear Council Members: The above referenced petition of St. Vincent DePaul SocietyofSt Joseph County was legally advertised on July 17, 2014. The Area Board of Zoning Appeals gave it a public hearing on August 6, 2014, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and carried unanimously, the petition for Special Exception to allow Retail Sales in a "LI" District, on property located at 1827 Bendix Road 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. Sincerely, Mark A. Lyons Assistant Zoning Administrator MAL /cah PETITION OF ST. VINCENT DePAUL SOCIETY SPECIAL EXCECTION AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE 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 SPECIAL 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 SPECIAL 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 SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY 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 its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: ADOPTED this 6TH Day of AUGUST, 2014. YES NO ABSEBT MICHAEL URBANSKI 0 GERALD PHIPPS 0 RANDALL MATTHYS 0 BRENDAN CRUMLISH 0 JOE VELLEMAN 1K JACK YOUNG 0 ROBERT HAWLEY