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05-11-09 Common Council Minutes
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05-11-09 Common Council Minutes
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REGULAR MEETING MAY 11, 2009 <br /> <br /> <br /> <br /> <br />3.The proposed use will be consistent with the character of the district in which <br />it is located and the land uses authorized therein; in the building is surrounded <br />by GI (General Industrial) zoned parcels. <br /> <br /> <br />4.The proposed use is compatible with the recommendations of the City of <br />South Bend Comprehensive plan; as approving the special exception will <br />allow this facility to house the varied uses that are compatible with the City <br />Comprehensive Plan. <br /> <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of <br />the City Clerk. <br /> <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approval by the Mayor. <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and voted to send it to the <br />full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant, Building Department, 125 S. Lafayette Blvd., Suite 100, <br />South Bend, Indiana, presented the report from the Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner AMV Limited Partnership is seeking a special <br />exception to allow exterior auto sales in a “CB” Community Business District. He <br />advised that the Board of Zoning Appeals held a public hearing on April 16, 2009 and <br />sends this bill to the Common Council with a Favorable Recommendation. <br /> <br />Mr. Dan VonBergen, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, <br />Indiana, made the presentation on behalf of Mr. Alfonse Van Overberghe. <br /> <br />Mr. VonBergen advised that the petitioner is seeking a Special Exception for the “CB” <br />Zoned Parcel which is located to the west to allow for exterior auto sales in “CB” <br />Community Business District; front yard use setback variance from 15’ required to 5’ to <br />allow for parking, foundation landscaping variance to that provided on the West façade as <br />per the site plan, off-street parking area screening at front yard from that required to none <br />provided; interior off-street parking landscaping from that required to what is shown on <br />the site plan; and dumpster enclosure variance to no gate and landscape proved. He <br />stated that the GI zone parcel which is located to the east to allow perimeter landscaping <br />variance from that required to none required and dumpster enclosure variance to none <br />provided. He stated that this bill coincides with Bill 21-09 which was heard and <br />approved earlier this evening. Mr. VonBergen advised that this existing multi-use <br />building was the former Romy Hammes Auto Dealership and was purchased by Mr. Al <br />Van Overberghe in 2002. He stated that Mr. VanOverberghe’s intends to maximize the <br />marketability of the multi-use building and to bring it into compliance with the present <br />ordinance. The existing structure on the west side of the development was built in the <br />1960’s and the setbacks, curb cuts, parking and drive layout are essentially as is. <br />Improvements are planned to address the landscape ordinance in part, as per the proposed <br />site plan. Mr. VonBergen advised that upon recommendation from the Building <br />Department and the Area Plan Commission, the propose split zoning of the parcel is to <br />allow for maximizing the potential of the building and parcel. The east half will retain <br />the “GI” zoning, which has housed auto towing, wholesale plumbing supply, small motor <br />repair, warehousing etc. The west half of the building will be rezoned to “CB” <br />(Community Business) zoning, which this half has housed retail sales, wholesale sales, <br />clothing retail and other similar uses. The auto sales office would be located in this area <br />and there would be 12 spaces for auto sales dedicated along Olive Street, at the south <br />west portion of the parking lot. A 20 foot wide off-site dedicated access easements are <br /> 18 <br /> <br />
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