10-22-12 Council Agenda & Packet

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Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a special exception use and a number of variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The rezoning is from MU Mixed Use District to LB Local Business District. The Special Exception Use is for a gasoline service station. In addition the rezoning and special exception, the petitioner is also requesting the following 11 variances: 1) from the requirement of providing perimeter trees at a minimum rate of one over- story deciduous tree every forty feet to providing a minimum of two trees in the parkway of Kenmore on the west side of the site and one tree along the north property line; 2) from the requirement of providing a minimum of a six foot wide landscape planting area along the Western Avenue façade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street façade (the revised site plan shows additional shrubs to the southeast of the building);3) from the requirement of providing Type`B"residential buffer yard screening along the north and east property lines to providing a minimum six foot high landscape screening fence along said property lines to the required ten foot sight triangle at the inorthwest corner of the site and ten foot sight triangle at the southeast corner of the site;4) to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide Residential Buffer yard along the north property line and east property line to a minimum of one foot along the north property line and to a minimum of two foot along the east property line as show; 5) from the requirement of providing a minimum of 24 foot aisle way in the shown north parking area to a minimum of twenty two feet;6) from the requirement of providing a minimum twenty foot in length of their parking spaces from the minimum required twenty foot length to 10 foot; 7) to allow a canopy over the gasoline pumps to encroach a maximum of thirteen feet into the twenty foot wide residential buffer yard along the east property line and to a maximum of fifteen feet into the thirty foot front yard building setback along Western Avenue; 8) from the requirement of providing a minimum of a ten foot wide drive-thru lane and twelve foot wide bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot wide drive thru- and bailout lanes; 9) from the minimum fifteen foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum thirty foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of thirty foot front yard building setback along Kenmore Street to a minimum of 8 feet for an existing building; and 11) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening(the site plan has been revised to show two evergreen trees to the north of the dumpster). State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the Staff Report. Commitments: No commitments are proposed. Parwinder Kaur& Singh Harjinder #2645-12 Page 2 of 4