10-12-09 Common Council Meeting Agenda & Packet

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1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan 235-9813 August 26, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting rain ~ ~ 2~~~~ dOt'h1 V9oP~Q~ It1. Ct~ CI.E~,f,r~ Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday S~tember 2. 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Qariances: A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse ma,~zner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 1. The petition of Del M. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By defmition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. The petition of Vikie Mason and Illusion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest corner of the intersection. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana