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Special Exception - 918 Oliver Plow Court & Adjacent to and East of 918 Oliver Plow Ct.
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Special Exception - 918 Oliver Plow Court & Adjacent to and East of 918 Oliver Plow Ct.
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Last modified
9/12/2012 10:34:16 AM
Creation date
1/27/2012 2:23:19 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
1/23/2011
Ord-Res Number
4145-12
Bill Number
71-11
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3 <br />boundary between the shown parcels will have a negative impact on any <br />surrounding property. <br />The sixth Variance is from the minimum required 10 ft. Rear -yard <br />setback along the South property line to 0.10 ft. for an existing <br />accessory warehouse building. This building was permitted to be at the <br />property line when it was constructed several years ago. Based on survey <br />work for the property the warehouse building actually sets 0.10 ft. off <br />the property line. Due to the property lines being reconfigured the <br />Petitioners are required to ask for a Variance from the present <br />standards. The Petitioner would ask for approval of the existing <br />warehouse building to be located to a minimum of 0.10 ft. from the <br />property line. They do not believe approval of this Variance will be <br />detrimental to any adjacent property as the building has existing for <br />the past several years. <br />The last Variance request is from the requirement of a paved outside <br />storage area to existing gravel for a portion of outside storage at the <br />Southeast corner of the site as shown. This gravel storage area has <br />existed for the past several years as shown at the Southeast corner of <br />the Petition site. The Petitioners do not plan to expand the outside <br />storage area or the gravel area, as the rest of the shown outside <br />storage is paved. The Petitioners would ask to be allowed to maintain <br />this existing gravel area, as it has not created any problems with the <br />adjacent properties. The truck facility located adjacent to and West of <br />the gravel area is also gravel as well. The Petitioners do not believe <br />approval of this Variance for a limited area of the site would adversely <br />affect any surrounding property. <br />Concerning Parcel "B" the Petitioners would request approval of a <br />Special Exception as allowed under Section 21 -04 -02 (2) (D) of the City <br />of South Bend Zoning Ordinance to allow for a Public Passive Park. The <br />Petitioners as previously mentioned, desire to transfer Parcel "B" to <br />the City for a Passive Public Park. They would ask the Board Members to <br />agree that approval of the Special Exception to allow for a Passive <br />Public Park as shown on the attached site plan, would not be injurious <br />to the public health, safety, comfort, community moral standards, <br />convenience or general welfare, or injure or adversely affect the use of <br />the adjacent area or property values therein, and that the proposed use <br />will be consistent with the character of the district in which it is <br />located and the land uses authorized therein, and that the proposed use <br />is compatible with the recommendations of the City of South Bend <br />Comprehensive plan, all of which is requested by the South Bend <br />Municipal Code § 21 -09.03 (i). <br />With regards to the Variance requests for Parcel "B ", the first <br />Variance the Petitioners are requesting, is to allow accessory <br />structures, including but not limited to an existing: smoke stack, a <br />trellis, a statue, information plaques, benches and trash containers as <br />shown without a primary structure. This request is due to the fact that <br />
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