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01-09-12 Council Agenda & Packet
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01-09-12 Council Agenda & Packet
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7 <br /> with the Passive Park being created, there is no primary structure. The <br /> improvements shown on Parcel "B" are considered accessory structures by <br /> the Ordinance, even though these are typical improvements within a park. <br /> The Petitioners do not believe there would be an adverse impact on any <br /> surrounding property if the requested Variance were approved. <br /> The second Variance request is from the requirement of providing <br /> required perimeter landscaping of one (1) deciduous tree at a minimum <br /> spacing of 40 feet on-center along the North, East, South and West <br /> property lines to being allowed to use the existing landscaping. The <br /> Park as shown has extensive landscaping located throughout the site <br /> including shrubs, grasses, vines, ground cover and perennials. The <br /> Petitioners believe the park site as designed meets the intent of the <br /> City Ordinances with regards to site landscaping. <br /> The third Variance request is from providing the minimum required <br /> three (3) parking spaces for the existing passive park to providing no <br /> parking spaces. The Petitioners Mould state that the intent of this Park <br /> is to be passive in nature, and was designed to be enjoyed by <br /> pedestrians using the trail system along Oliver Ploy Court. For the few <br /> occasions where a Park user would drive to the site, the Petitioners do <br /> not have a concern if the Park users park in front of their building on <br /> Parcel "A". The Petitioners do not believe approval of this Variance <br /> would have a negative impact on any adjacent property. <br /> The fourth Variance request is from the maximum allowed height of <br /> 150 ft. for structures to a maximum height of 194 ft. for an existing <br /> smoke stack. The Petitioners as stated above are reconfiguring the <br /> parcels to create a separate park site and since the smoke stack is <br /> being placed on the new parcel, a Variance is required for the height of <br /> the structure. The Petitioners would ask for approval of this Variance, <br /> as it would not adversely affect any surrounding property. <br /> The fifth Variance request is from the minimum required 10 ft. Side- <br /> yard setback along the West property lane to 0 ft. for the existing <br /> structure connecting the shown existing smoke stack and the existing <br /> primary building located on Parcel "A". This request is to allow for the <br /> connecting structure between the smoke stack and the original building <br /> on Parcel "A" to remain. The approval of this Variance will not have a <br /> negative impact on any adjacent property. <br /> The sixth Variance request is from the minimum required 10 ft. Side- <br /> yard setback along the South property line to a minimum of 0.10 ft. for <br /> an existing trellis structure and pavers and to a minimum of 9 ft. for <br /> an existing smoke stack. This Variance is required to allow for the <br /> reconfiguration of the common lot line between Parcels "All and "B". The <br /> boundary was created based on the location of existing improvements on <br /> each parcel. The adjacent property to the East is owned by the City of <br /> South Bend and is presently vacant. The approval of this Variance would <br /> have no adverse impact on any surrounding property. <br /> The last Variance request is from the minimum required lot width and <br /> frontage of 150 ft. on a public street to a minimum of 123.05 ft. more <br /> or less. This request is needed to allow for the reconfiguration of the <br /> parcels. The lot was originally platted prior to the creation of the <br />
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