FEBRUARY 9, 2010

 

BOARD OF ZONING APPEALS

CITY OF MISHAWAKA, INDIANA

 

 

A regular meeting of the Mishawaka Board of Zoning Appeals was held Tuesday, February 9, 2010, at 6:00 p.m. in the Council Chambers, City Hall, 600 East Third Street, Mishawaka, Indiana.  Board members attending: Charles Krueger, Ross Portolese, Jim Trippel, and Rosemary Klaer.  Absent:  Don McCampbell.  In addition to members of the public, the following were also in attendance:  John Gourley, Ken Prince, Greg Shearon, Peg Strantz, and Kari Myers.

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The Minutes of the January 12, 2010, meeting were approved as distributed.

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Jim Trippel explained the Rules of Procedure.

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Conflict of Interest was not declared.

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PUBLIC HEARING:

APPEAL #10-02      An appeal submitted by Taco Bell of America, Inc. requesting a Developmental Variance for 536 West McKinley Avenue, to allow 31 off-street parking spaces, and a Sign Variance to permit three signs to extend above the roof line.

 

Todd Huntington, GPD Associates, 520 S. Main St., Akron OH, represented Taco Bell.  He said Taco Bell is planning to demolish the existing building and build a new Taco Bell restaurant.

 

Mr. Huntington said the site layout will be similar to what currently exists.  He said due to the size of the building, 44 parking spaces are required.  However, based on an access drive that is shared with an adjacent property, we’re able to provide only 31 spaces.

 

Jim Trippel asked how many parking spaces the restaurant has now.  Mr. Huntington said he wasn’t sure, but it isn’t 44.  He said the big issue is stormwater retention

 

Staff Recommendation

Staff recommends approval of Appeal 10-02 to allow for 31 off-site street parking spaces and to allow the Taco Bell logo signs to extend beyond the roofline.   This recommendation is based upon the following Findings of Fact:

 

  1. Approval will not be injurious to the public health, safety, morals and general welfare of the community because all state and local building codes will be adhered to during construction and stormwater management measures will be implicated on site.

 

  1. 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 a site plan will be submitted and reviewed to insure proper drainage of the proposed parking that does not run-off into adjacent property; and the reduction of parking will allow for  the required green space and landscape buffering between this property and adjacent properties;

 

3.    Strict application of the terms of this chapter will result in practical difficulties in the use of the property because the required pavement setback further reduced the amount of available area for parking from the existing zero-foot pavement setbacks; and there is a 40-foot sanitary sewer and driveway easement that must be left clear which greatly reduces the area on site that can be utilized for parking.  In regards to the sign variance request, the proposed extension of the logos above the roofline is appropriate because the logos are apart of the overall façade design of the proposed building.

 

MOTION:        Rosemary Klaer moved to approve Appeal #10-02.  Ross Portolese seconded; motion passed with a vote of 4-0.

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APPEAL #10-03        An appeal submitted by Scott Reenders, Dennis Reenders, Shirley Woodruff, and Melissa Satterfield, requesting a Sign Variance for 820 East Cleveland Road, Granger, to permit four (4) 30” X 60” seasonal banners to be hung on lamp posts on their property.

 

 

 

Staff Recommendation

The Staff recommends approval of Appeal #10-03 to allow four (4) 30” by 60” seasonal vinyl banners to be secured at the top and bottom to the lamp posts fronting on Cleveland Road based on the following Findings of Fact:

 

  1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community because the banners will be secured placed on the lamp posts with supports;

 

  1. 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 the low profile banners will not be seen at all from State Road 23 and will be barely noticeable from adjacent properties; and

 

  1. Strict application of the terms of the On-Premise Sign Standards Ordinance will result in practical difficulties in the use of the property because the residential community would not be permitted to express the desired first impression for their entry.

 

MOTION:        Ross Portolese moved to approve Appeal #10-03.  Rosemary Klaer seconded; motion passed with a vote of 4-0.

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APPEAL #10-04      An appeal submitted by Capital Automotive Real Estate Services, Inc. requesting a Sign Variance for 4004 Grape Road, to permit an additional or fourth freestanding sign on the property.

 

 

 

Staff Recommendation

The Staff recommends in favor of Appeal 10-04 to allow for the installation of a fourth auto dealership sign at 4004 Grape Road.  The recommendation is based upon the following Finding of Facts:

 

  1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community because all construction will be completed in accordance with all applicable state and local building codes;

 

  1. 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 the total square footage and copy area of the signs is substantially less than what would be permitted by ordinance.  With 495 feet of frontage on Grape Road, the Appellant could potentially build one large sign with 50+ square feet more of copy area than the four smaller signs.

 

  1. The strict application of the terms of this chapter will result in practical difficulties in the use of the property because the fourth dealership would not be permitted to publicize its existence on the property with a freestanding sign that is required by the vehicle manufacturer.

 

MOTION:        Charles Krueger moved to approve Appeal #10-04.  Rosemary Klaer seconded; motion passed with a vote of 4-0.

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APPEAL #10-05      An appeal submitted by Jimi Enterprises/Jimi Partnership requesting various Developmental and Sign Variances for 3820 Grape Road, for parking setback, reduction in required parking ratio, landscaping, signage and fencing.

 

 

Staff Recommendation

Provided the above staff amendments are agreed upon by the appellant, Staff recommends approval of Appeal 10-05 for several variances for the development of a car dealership.   This recommendation is based upon the following Findings of Fact:

 

  1. Approval will not be injurious to the public health, safety, morals and general welfare of the community because all state and local building codes will be adhered to during construction and stormwater management measures will be implicated on site.

 

  1. 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 a site plan will be submitted and reviewed to insure proper drainage of the proposed parking that does not run-off into adjacent property;

 

  1. Strict application of the terms of this chapter will result in practical difficulties in the use of the property.  Although the site is large enough to meet the parking requirements and developmental requirements of the City, the existing Basney Honda site is not appropriate to meet the demands of the Honda business.  The Honda Corporation has very specific requirements for the development of car dealership sites.  Local car dealerships need to supply a certain amount parking space for vehicle display to comply with these requirements.  In order to maintain on the existing site, Basney Honda needs the aforementioned variances to comply with the Honda Corp. standards.  The reduction in pavement setback, reduction in interior landscaping, and the increase in small car parking spaces help in meeting the dealership needs.  In regards to the sign variance, the property is located on a corner lot, and additional free-standing sign is needed in order to appropriately identify services along Edison Rd.  Furthermore, the success of car dealership is dependent upon exposure of the car products.  The required screening (berm, shrub planting requirements) limits this exposure.

 

MOTION:        Rosemary Klaer moved to approve Appeal #10-05.  Ross Portolese seconded; motion passed with a vote of 4-0.

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ADJOURNMENT:       6:30 p.m.