03-28-11 Council Agenda & Packet

Home Browse Search

Area Plan Commissi ®n of St. Joseph County 1 140 County -City Building South Bend, Indiana 46601 John W. Byomi Larry P. Magiiozzi Executive Director Assistant Director Phone 374 235 -9571 www. stlosephcountyindiana .conVareaplan 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 concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. Februarg± 2.2011. 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 he approved upon the Board of ZoningAppeals malting a written determination and adopting appropriate Findings of pact, 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 he 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. 1. The petition of Communitywide 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 significantly revised. The intent -of the sign ordinance is to eliminate excessive and confusing sign displays, maintain and i�rave 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 minim the possible adverse effects of signs -on nearby public and private property. Variances for increased size and number of signs undermine the 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. SDeciai Exception / SEcial Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that. ,v: ,E iB"* ofZonin 4pediUrea B "d of Zoningdppeabl2011 V2] February doe Searing South Bend, Lakeville, New Carlisle, North liberty. Osceola, Roseland and St. Joseph County, Indiana