05-11-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MAY 11, 2009 3.The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; in the building is surrounded by GI (General Industrial) zoned parcels. 4.The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; as approving the special exception will allow this facility to house the varied uses that are compatible with the City 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. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioner AMV Limited Partnership is seeking a special exception to allow exterior auto sales in a “CB” Community Business District. He advised that the Board of Zoning Appeals held a public hearing on April 16, 2009 and sends this bill to the Common Council with a Favorable Recommendation. Mr. Dan VonBergen, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, Indiana, made the presentation on behalf of Mr. Alfonse Van Overberghe. Mr. VonBergen advised that the petitioner is seeking a Special Exception for the “CB” Zoned Parcel which is located to the west to allow for exterior auto sales in “CB” Community Business District; front yard use setback variance from 15’ required to 5’ to allow for parking, foundation landscaping variance to that provided on the West façade as per the site plan, off-street parking area screening at front yard from that required to none provided; interior off-street parking landscaping from that required to what is shown on the site plan; and dumpster enclosure variance to no gate and landscape proved. He stated that the GI zone parcel which is located to the east to allow perimeter landscaping variance from that required to none required and dumpster enclosure variance to none provided. He stated that this bill coincides with Bill 21-09 which was heard and approved earlier this evening. Mr. VonBergen advised that this existing multi-use building was the former Romy Hammes Auto Dealership and was purchased by Mr. Al Van Overberghe in 2002. He stated that Mr. VanOverberghe’s intends to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. The existing structure on the west side of the development was built in the 1960’s and the setbacks, curb cuts, parking and drive layout are essentially as is. Improvements are planned to address the landscape ordinance in part, as per the proposed site plan. Mr. VonBergen advised that upon recommendation from the Building Department and the Area Plan Commission, the propose split zoning of the parcel is to allow for maximizing the potential of the building and parcel. The east half will retain the “GI” zoning, which has housed auto towing, wholesale plumbing supply, small motor repair, warehousing etc. The west half of the building will be rezoned to “CB” (Community Business) zoning, which this half has housed retail sales, wholesale sales, clothing retail and other similar uses. The auto sales office would be located in this area and there would be 12 spaces for auto sales dedicated along Olive Street, at the south west portion of the parking lot. A 20 foot wide off-site dedicated access easements are 18