11-22-10 Council Agenda & Packet

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Area Plana Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com/areaplan Fax 574 235 -9813 October 25, 2010 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: City Council Attn: Janice 4`I' Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesda y, November 3 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances 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 manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. I. The petition of Basil Pappas for property owned by Arturo DiRosa (d/b /a Tammy Properties, L.L.C.). The Staff recommends denial of the requested variance from the required parking screening for the south parking lot along Princess Way. The intent of the landscaping regulations include mitigating incompatibilities between adjacent land uses, reducing the negative impacts of higher intensity land uses on less intense adjacent land uses, providing a critical visual and noise buffering effect between higher intensity districts and less intense districts, and Lessen in the impact of development on the environment by reducing glare and heat build up. Providing a compact row of shrubs or hedge plants along the existing parking lot will create visual separation and buffer between the large parking area and the public right -of -way and the higher intensity zoned properties to the east. The County Engineer will allow for such a hedgerow to be planted immediately adjacent to the edge of the parking area (within the right-of-way) since there is only a 6 -inch separation between the edge of the parking lot pavement and the right -of -way. A minimum 10 -foot clear area must be maintained between the edge of pavement along Princess Way and any obstruction including landscaping within the right -of -way. Such a clear area can be maintained since the right-of-way line is located approximately 20 feet from the edge of pavement of Princess Way. 9 :1 Boards of Zoning ,QppeakUrea Board of Zoning Appeals1.20101(111 November. doc Serving South. Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana