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08-08-11 Council Agenda & Packet
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08-08-11 Council Agenda & Packet
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JOHN W. BYORNI <br /> "= EXECUTIVE DIRECTOR <br /> LARRY..MAGLIOZZI <br /> :. DEPUTY DIRECTOR <br /> AREA PLAN COMMISSION OF ST . JOSEPH COUNTY , IN <br /> 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDJANA 46601 (574) 233=9571 <br /> June 28, 2011 <br /> Area Board of Zoning Appeals <br /> 125 S. Lafayette, Suite 100 <br /> South Bend, Indiana 46601 <br /> RE: Area lobrd of Zoning Appeals Meef nq <br /> Dear Board Members: <br /> The follows g comrnents.are.being made concernin, sorne of the i'Pms to be he:drd,at,fhe <br /> Area Board of Zoning Appeals meeting on Wednesda J 1, 6 0l.l. The absence.of' <br /> comment on any particular item should not be construed to mean that the staff agrees with <br /> the request. <br /> Varlanges <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 /> (1) 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 barrier on lots where the operations may adversely impact adjacent <br /> properties. At the very least, we would like to see the evergreen screening on the south side of <br /> the new addition to protect the neighboring residential properties. <br /> S. The petition of Douglas M. Dodd b Karen 8bumanh-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 front yard are restricted to 3' to 4' in height <br /> depending.on the open space percentage of�the -fence. <br /> Allowing a 6' privcicy fence to be located only 3' from the property fine and 13' feet from the <br /> curb line would be out of character with the adjacent residential neighborhood. the intent of <br /> SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND <br /> WWWATJOSEFHCOUNTYINDIANA.COM <br />
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