04-11-11 Council Agenda & Packet

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Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W.Byorni Lary P. Maglfozzi Executive Director Assistant Director Phone 574 235-9571 www aVow0wountyindiana.corNareaplan 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 beard at the Area Board of Zoning Appeals meeting on Ecdoesday,Eftwa 2.2011. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Y� A 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 Fart, 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 we fare 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 dicultres in the use of theprq perty. 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.squarie foot to 12617 square foot. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised The intent iof the sign ordinance is to eliminate c �g and confusing sign displays; maintain and infprove he aD�of the City of South Bend as an attractive 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 clear relationship to unique site conditions beyond the petitioner's control. it is our opinion that the I00 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 treed for a larger sign. seeciptlon/Staecisi Utre .4 special we may only be granted upon maldieg a written determination and adopting appropriate Finding's of Fact, based upon the evidence presented at a public hearing that.' E:Woosds elZmft 4**drWrw Boap doJZooft 4 peabi2011V21 Fe&uoy doe Serving South Send,Lakeville.Now Carlisle.North Liberty,Osceola.Roseland and St.Joseph County.Indiana