65-16 Lawrence & Corby Rezoning - Laserfiche WebLink

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Staff Report 11/4/2016 not have an objection to the variances to reduce the side yard setback, to reduce the interior side yard, or to increase the massing. The mechanical equipment must not be located along the street frontages. The equipment can be placed in side yards or on the islands between the garage entries. The petitioner should also give careful consideration to the placement of other services, such as trash pick -up. The petitioner may also wish to consider shifting the northern set of units slightly to the west to approximate the 10' +/- building line /setback of the neighboring housing units to the north. The petitioner should ensure that the corner unit adequately addresses Lawrence Street. The porch should turn the corner, the main door to the garage could be rotated to the east elevation, and the side can be well landscaped. The Department of Public Works recommends approval noting that the following are required prior to final site plan approval: 1) Completion of the City of South Bend Utility Verification Form; 2) Approval of sidewalk, curb cut, lighting, alley usage, and overall site improvement to reflect the Master Plan for the surrounding area. Of specific concern for this site are the plans for each of the drive approaches, the proposed alley usage (including bringing the alleys' condition up to city standard, maintenance, drainage, existing approaches, power pole at the alley entrance off of Lawrence), and ADA compliance plans for the existing sidewalk; 3) The access plans, and curb cut will need to go through the city curb cut application process; 4) Development of the site requires City approval of a Drainage Plan that meets the City's requirement to store all runoff from developed areas on site; 5) Verification of required (if any) waivers; and 6payment of all associated site plan review and permitting fees. Commitments: The petitioner is proposing the following Written Commitments: 1) The project site as described above shall be limited to a total of nine (9) single family attached dwelling units; 2) The nine (9) single family attached dwelling units shall be owner - occupied only. Owner- occupied shall be defined as "Primary Residence" as defined under Internal Revenue Service codes for tax purposes (Internal Revenue Service Publication 523 (2009)); 3) No single family attached dwelling unit in the described project site shall be rented, leased or sub - leased for any duration, to any other party, group or person(s); 4) No single- family attached dwelling unit in the described project area shall exceed a maximum height of 40 feet to roof peek; 5) No more than four (4) single - family attached dwelling units shall make up any single building mass; 6) A minimum 5 ft. front - yard setback shall be required along any public street frontage; 7) A minimum 2 ft. offset shall be required between any single - family attached dwelling unit; 8) There shall be a Home Owners Association (HOA) created for the nine (9) single- family attached dwelling units; 9) The Home Owners Association shall allow their property ownership records, meeting minutes and agendas available for review by any Governmental Agency, the NNRO Northeast Neighborhood Redevelopment Organization the NENC Northeast Neighborhood Council. The HOA shall notify the NNRO Northeast Neighborhood Redevelopment Organization and the NENC Northeast Neighborhood Council of any meeting they hold; and 10) No unrelated Graduate or Undergraduate student(s) shall be allowed to maintain occupancy in any single- family attached dwelling unit in the above described project site as said students are defined by the University of Notre Dame. It is staffs opinion that only the Written commitments related to land use be approved. Staff recommends removal of Written Commitments 2, 3, 8, 9, and 10 as they do not relate APC # 2800 -16 Page 2 of 4