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11-08-2021 Agenda Packet
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11-08-2021 Agenda Packet
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4/12/2022 3:49:01 PM
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11/4/2021 6:06:05 PM
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Staff Report -PC#0067-21 9/20/2021 <br /> <br />SOUTH BEND PLAN COMMISSION Page 5 of 5 <br />The strict application of the terms of this Chapter would require the developer to develop their <br />site to unnecessary standards. The site is far removed from adjacent uses and bordered by a <br />limited access highway. <br />(4) The variance granted is the minimum necessary. <br />The variance granted is the minimum necessary for the petitioner to develop the site in <br />accordance with the I Industrial District standards and taking into account the unique conditions <br />of the property. <br />(5) The variance granted does not correct a hardship caused by a former or current owner <br />of the property. <br />The variance granted does not correct a hardship caused by a former or current owner of the <br />property. Neither the current nor former owners are responsible for the bypass running alongside <br />the property or the rural nature of the surrounding properties. <br /> <br /> <br />Commitments: There are no written commitments proposed. <br /> <br />Analysis: While the NC Neighborhood Center District is the most closely related district to the original <br />uses of the PUD, it is not well suited for this area. The NC District is typically pedestrian- <br />orientated in scale and well connected to surrounding residential neighborhoods. The site will <br />most likely never meet those characteristics, and the mixed use development originally proposed <br />will likely never occur. <br /> <br />As a public utility regulation by the IURC, the AEP substation is permitted by right in any district. <br />The zoning ordinance cannot restrict the location of the proposed substation and utility lines. <br />Allowing the site be zoned to the I Industrial District will better suit the use and provide additional <br />protections for adjacent property owners through increased buffering. <br /> <br />Recommendation: Based on information available prior to the public hearing, the staff recommends the <br />Plan Commission send the rezoning petition to the Common Council with a favorable <br />recommendation. <br /> <br /> <br />Analysis & Recommendation
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