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07-25-11 Council Agenda & Packet
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07-25-11 Council Agenda & Packet
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JOHN W. BYORNI <br /> *' EXECUTIVE DIRECTOR <br /> LARRY.MAGLIOZZI <br /> DEPUTY p1AECTOR <br /> AREA PLAN COMMISSION OF ST. JOSEPH COUNTY , IN <br /> 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574} 235=4571 <br /> June 28, 2011 <br /> Area Board of Zoning Appeals <br /> 125 S. Lafayette, Suite 100 <br /> South Bend, Indiana 46601 <br /> RE: Area Board of Zoning Appodls Meeting <br /> Dear Board Members: <br /> The folfoyumg commepts= re,.O,ng made concernln ;.sQrrmp of the items fio heard,at:fhe <br /> � . . <br /> Area Board of Zoning Appegfs meeting on nesdayi July b 20,11. The:absence of <br /> comment on any particular item should not be construed to mean that the staff agrees with <br /> the request. <br /> Variances <br /> A variance from any of the development standards of the Zoning Ordinance may only be <br /> approved upon the Board of Zoning Appeals making a written determination and adopting <br /> appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: <br /> (l) The approval will not be injurious to the public health, safety, morals and general welfare of <br /> the community, <br /> (2) The use and value of the area adjacent to the property included in the variance will not be <br /> affected in a substantially adverse manner, and, <br /> (3) The strict application of the terms of this Chapter would result in practical difficulties in the use <br /> of the property. <br /> 1. The petition of David & Antoinette Panaude. <br /> The staff recommends denial of variance#2 for the Type B landscaping along the south, west <br /> and southeast property lines. The Type B Partial Screening landscaping'is intended to create a <br /> partial visual and sound`bar6er on lots where the operations may adversely impact adjacent <br /> properties. At the very least, we would like to seethe evergreen screening on the south side of <br /> the new addition to protect the neighboring residential properties. <br /> 5. The petition of Doug�ias M. Dddd & Karen 8autilann-Dodd. <br /> The staff recommends denial of the variance for a 6' privacy to be located within the required <br /> 25' front yard setback along Dunn Road. Per the New'Carlisle zoning ordinance, a side yard <br /> on a corner lot shall be considered a front yard when regulating fence height and location. <br /> Fences located within a required minimum f ront.yard are restricted to 3' to 4' in height <br /> depending on the open space percentage of'the"1 'nae. <br /> Allowing 66' privacy fence to be located only 3' from the property line and 13' feet from the <br /> curb line would be out of character with the adjacent residential neighb orhood. the intent of <br /> SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAKEVILLE. NEW CARLISLE, NORTH L199RTY, OSCEOLA, dF ROSELAND <br /> W WW.STJOSEPHCO UNTYINDiANA.COM <br />
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