HomeMy WebLinkAboutBill 16-49 Special Exception 2319 LWWAREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235 -9554
FAX: (574)235 -5541
June 2, 2016
The Honorable Common Council South Bend
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Rainy Kizy
06/01/2016
Dear Council Members:
The above referenced petition of Rainy Kizy was legally advertised on April 29, 2016. The Area Board of
Zoning Appeals gave it a public hearing on June 1, 2016, at which time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Ms. Schuth and by a unanimous vote, the petition
for Special Exception to allow a tobacco store, on property located at 2319 Lincolnway Vilest, Portage
Township. Zoned "MU" 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
Filed in Clerk's Office
i i
1 JA M IIY_[!Nr#yQ
KIZY
SPECIAL USE
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS 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 City
of South Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this I` Day of JUNE, 2016.
YES NO
ABSENT MICHAEL URBANSKI
0 GERALD PHIPPS
ABSENT RANDALL MATTHYS
0 BRENDAN CRUMLISH
M KATHYSCHUTH
M JACK YOUNG
M ROBERT HAWLEY
Filed in Clerk's Of":
JUN 08 ?.016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
RESOLUTION NO.
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
2319 Lincolnway West
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:
2319 Lincolnway West
in order to permit
A tobacco store in a "MU" Mixed Use District
SECTION H. 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 and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESENTED
W APP20VU
Member of the Common Council
Filed in Clerk's Office
E2AP 5 2 116
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
TO THE AREA OF ZONING APPEALS
A) Ramy Kizy. 4805 Corriander Drive Sterling heights, Michigan 48314 (586)604 -5340
-Email : Ramy.Kizy @yahoo.com
B) Location: 2319 Lincolnway West South Bend, Indiana 46628
C) Seeking A special exception for the Tobacco Store in the "MU" District and a varience from
the required 5 parking spaces to 0. Parking will also be available in the rear of MetroPcs parking
lot, also approved my landlord.
D) Standard for Special Exceptions
Would the approval be injurious to the public health, safety, morals, and
general welfare of the community? The granting of the variance neither harms the public nor
undermines the purposes of The Codes. The proposed business does not affect the health,
safety or welfare of the community. No one under the age of 18 will be allowed to enter or will
be able to make a purchase without an i.d. There will be no one allowed to loiter in front of
business. Loitering will not be tolerated.
ii. Would the approval not injure or adversely affect the use of adjacent area or
property value? The new business would be appropiate in the existing area. The
allowance of the new business will not affect adjoining property values but make the
area better and more eco- friendly. The proposed accessory structure will be visually
appreciative in the area.
iii. Would the proposed use be consistent with the charactor of the district in
which it is located? The business would be reasonable in the area, nothing will be done to
change the other surrounding buildings. The location would be great on a busy corner.
iv. The proposed use is compatible with recommendations of the city of South
Bend. This business would be allowed with special exception zoning code and this will be
compatible with the zoning in order to have the business. This business is just like a convience
store, creates a good atomosphere in the area people like to walk around and see somthing
new and clean, only main difference is rather then sell groceries, we would be selling tobacco
products.
E) Presenter to appeal:
Christopher Stroter. 627 Johnson Street South Bend, Indiana 46628 (574) 347 -9302
Ramy Kizy. 4805 Corriander Drive, Sterling heights, Michigan 48314 (586) 604 -5340
F) Zoning classification is "MU" district and the Township for the area, is Po
ageRSdil9'ipierk'S Offlee
MAY 17 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
04/19/2016
To whom at my concern:
I have given permission to my tenant Ramy Kizy to lease the location at 2319 Lincolnway West,
South Bend Indiana for his business under Smokers Palace.
Amjad Amer
Y'
04/19/2016
To whom at my concern:
I have given permission to my tenant Ramy Kizy to use my parking lot for his customers at
Smokers Palace at the location of 2321 Lincolnwa West,
at 2321 Indiana for his
South Bend
Smokers Palace. I am the landord for his other location
Indiana.
Nael. S. Suleiman
cq - 512- - .c7-q(=)
21
v' .Y
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 1ST day of JUNE 2016 , 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: RAMY KIZY .
Seeking:
A Special Exception to allow a Tobacco Store in a " U" Mixed Use District and a
variance from the required 5 parking spaces to 0
On real estate . commonly described as:
2319 Lincolnway West South Bend IN
and is legally described as follows:
Dated thi �I aAay of /
Op 20
YX
app
�`ZS
MAKMMAH FOWLER
2!n CLERK SOUTH BENZ
Area Board of Zoning Appeals
Carolyn A. Hgiry
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.
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