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Staff Report-PC#0224-24 <br />9/16/2024 <br />(3) The strict application of the terms of this Chapter would result in practical difficulties <br />in the use of the property. <br />The strict application of the terms of this Chapter would require the developer to create a large <br />paved surface that would likely be damaged by the equipment stored in the area. The negative <br />impact of that large of a impervious surface would far outweigh the potential benefit of strict <br />compliance with the ordinance. A strict application of the ordinance calling for use of a type 3 <br />buffer would require the developer to remove existing mature vegetation at the property line and <br />replace it with a 6' evergreen trees. <br />(4) The variance granted is the minimum necessary. <br />The variances granted are the minimum necessary. Allowing an aggregate surfaced storage <br />area set back over 300' from the right of way and buffered from adjacent properties outweighs <br />the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on <br />the east property line and the existing vegetation, plus an earthen berm, on the west property <br />line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses. <br />Alternative to the earthen berm, a written commitment to maintain a 100, natural area along the <br />western border would also ensure appropriate buffering and the preservation of the existing <br />mature vegetation, meeting the intent of the ordinance. <br />(5) The variance granted does not correct a hardship caused by a former or current owner <br />of the property. <br />The storage of heavy equipment on an aggregate surface over 300' from the right of way meets <br />the intent of the ordinance, and the large size of the lot allows for appropriate buffering and <br />space in all directions to minimize potential adverse affects on adjacent properties. The <br />existence of mature vegetation on the borders of the lot create the hardship that installing a type <br />3 buffer would cause a reduction in the current vegetation. <br />Commitments: Maintaining a 100' natural area along the west property line. <br />Analysis: The annexation and rezoning of the property to I Industrial will allow for the development of <br />the site as an office and small scale warehouse/storage that contributes to the industrial <br />development in the area while preserving mature vegetation. It is responsible development to <br />assure that properties adjacent to the City limits are annexed and developed under City <br />standards. Allowing an aggregate surfaced storage area set back over 300' from the right of way <br />and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced <br />storage area. Utilizing the existing vegetation on the east property line and the existing <br />vegetation, plus a 100' natural area, on the west property line, meets the intent of the ordinance <br />by providing appropriate buffering between adjacent uses. <br />Recommendation: Based on information available prior to the public hearing, the Staff recommends <br />the Commission send the rezoning and annexation petition to the Common Council with a <br />favorable recommendation. The Staff recommends the Commission approve the variances as <br />presented subject to a written commitment to maintain a 100' natural area along the west <br />property line. <br />SOUTH BEND PLAN COMMISSION Page 5 of 5 <br />