03-28-11 Council Agenda & Packet

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Area Plan Commission of St. Joseph County 1140 County -City Building South Band, Indiana 46601 John W. Byomi Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235 -9571 www. stjosepheountyindiana .corrVareaplan Fax 574 235 -9813 January 24, 2011 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made conceming.some of the items to'be heard at the Area l -oard of Zoning Appeals meeting on Wednesdav Febroz= ! 2 2011. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. ya. dances .4 variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of ZoningAppeals 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 tents of this Chapter would result in practical dculties in the use of* property. 1. The petition;' of Communitynide Federal Credit Union. The staff recommends denial of the sign variance for an increase in the allowable maximum square footage .from 100 square foot to 126.27 square. foot. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance -was signffcantly rirvised. The intent -of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and ft prove the arance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by mini --� the possible adverse effects of signs on nearby public and private property. Wriances for increased size and number of signs undermine'ihe intent-of the sign ordinance, and any such request should have a clear relationship to unique site conditions beyond the petitioner's control, It is our opinion that the 100 square foot minimum, as established by the ordinance, can accommodate the petitioner's needs. There are no unique on -site conditions such as topography, trees, signs, or other obstructions that is driving the need for a larger sign. fpecial gKo 'on I Special e A special use may only he granted upon making a written determination and adop &,g appropriate Finding's ofFact, based upon the evidence presented at a public hearing, that E.1Boamd ofZowngAppea&Wrw Board ofZaningAAwa&L?OII VaJFebr=y doe Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana