Approving- Petition of the Area Board of Zoning Appeals Location: 3300 Sample St. South Bend, IN 46601

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Area Pian Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Maglioui Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan 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. Februarv 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 cmy 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 c�'ected m 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 npdate 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 improve the a�pearance of the City of South Bend as an aitractive place in which to live and conduct business; and safeguard and enhance property values by minimizing 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 cleaz relationship to unique site oonditions 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. Snecial Eacention/Snecial 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: E:IBomds ofZonrngAppealslArea Bom�d of Zoning Appeals120111[lJ Febraary.doc Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana