APC sends SNH Auto rezoning to county council with unfavorable recommendation; approves five variances subject to rezoning

The St. Joseph County Area Planning Commission voted on July 21 to send APC 3087-26 — a petition by BHN Investments LLC / SNH Auto to rezone two parcels abutting Toledo Avenue from single-family to C commercial — to the County Council with an unfavorable recommendation.

APC Director Sean Klein told the commission that staff finds the rezoning in conflict with the county’s housing-and-neighborhood goals and recommended it be sent to the council with an unfavorable recommendation, while supporting five of the nine requested variances “subject to rezoning approval.” Klein said staff would recommend written commitments if the council were to consider a favorable decision, including prohibiting access to Toledo Avenue and banning commercial buildings on the site.

Attorney George Lepiniotis, representing the petitioner, said the paved area was created before his client recognized zoning requirements and described the company’s proposal as limited to employee and service-vehicle parking. “Their intent is not to grow their operations onto that lot. Their intent is to have a private parking space for their employees and potentially some holding area for vehicles that are in for service,” Lepiniotis told the commission, offering written commitments that would run with the land.

Neighbors urged denial. Tammy Snyder, who said she has lived in the neighborhood 38 years, complained the work was done without permits and warned about groundwater risks and lights shining into backyards: “This was done illegally in my eyes,” she said, asking the commission to require the lot be returned to grass or strongly buffered. Kendra Tagon, the adjacent property owner, told the commission she had been offered a “road swap” and warned that relying on a private fence as a long-term buffer is not acceptable without binding commitments.

After public comment and a petitioner rebuttal describing a detention basin and a willingness to sign written commitments on lighting and access, the commission voted first (roll call) to send the rezoning to the County Council with an unfavorable recommendation. The commission then approved variances 2, 4, 5, 6 and 8 but denied variances 1, 3, 7 and 9; the approved variances were explicitly made subject to the rezoning’s approval by the County Council. Recorded roll-call votes were taken for both actions and the motions carried.