01-25-10 Council Agenda & Packet

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Area Board of Zoning appeals -- January 6, 2010 MR. DANCH: The way the ordinance is Jerry, on the landscaping portion you can make an interpretation that you might need landscaping all the way around four sides of it and when we went to Design Review when we talked to the staff they basically said on the west side and the south side because that's visible from Cleveland Road. That would be fine, that was their whole concern. MR. PHIPPS: The only thing you might have to leave off with landscape screening is on the north and east side? MR. DANCH: The north and east sides, yes. There was no one present to speak in favor of this petition. RE4 MONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion for approval of the variances as amended deleting the side yard setback and for no landscape screening on the north and east side of the tank storage and for the maximum storage of 14' height was made by Mr. Phipps and seconded by Mr. Hawley subject to the Special Exception being approved by the Common Council. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy . the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition for variances approved as amended and subject to approval of the Special Exception the petition for Special Exception is sent to the Corrrmon Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds the variances granted as amended and subject to the approval of the Special Exception by the Corm-non Council and the petition for the Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. 29