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HomeMy WebLinkAboutApproving a petition of the Area Board of Zoning Appeals for the property located at 2319 Lincolnway WestRESOLUTION No. 4568 -16 Passed by the Common Council of the City of South Bend, Indiana June 13 2016 Attest: City Clerk Attest, President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 14, 2016 17X�� City Clerk Approved and signed by me 11-1-11, 0 f Su n e- 20-1-6— Mayor RESOLUTION NO. � 6 LA- N 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 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 and effect from and after its adoption by the Common Council and approval by the Mayor. PMEWID �0 l I3 I l4 iii AMOVU . %,ter. Igo is All I I Fled in Clerk's Office APR 2 5 ZOi6 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN AREA 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 Ramy Kizy 06/01/2016 Dear Council Members: The above referenced petition of Ramy 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 West, 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. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in Clerk's Office PETITION OF 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 D GERALD PHIPPS ABSENT RANDALL MATTHYS ❑R BRENDAN CRUMLISH rxi KATHY SCHUTH M JACK YOUNG 0 ROBERT HAWLEY Filed in Clerk's C�: .. '- ` Los �� RE:EMAH FOWLER CITY CLERK, SOUTH REND, 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 i. 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 ageRbdimperk'S Office MAY 17 2016 KAREEMAH FOWLER MY CLERK, SOUTH BEND, IN 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: Ponnv Kt7V Seeking: _ A Special Exception to allow a Tobacco Store in a "MU" Mixed Use District and a variance from the required 5 parking s aces to 0 On real estate . commonly described as: 2319 Lincoinway West South Bend IN and is legally described as follows: Dated thi�V,.day of IL ``2i ' Area Board of Zoning Appeals Carolyn A. Hejry Secretary to the Board in KMEEMAH FOWLER CITY CLERK, SOUTH BENI Ok 4 �o ©F 4PpZ`�S 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.