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Staff Report <br />5. Responsible Development And Growth: <br />5/9/2013 <br />It is responsible development and growth to allow for a variety of adaptive reuses along a <br />commercial corridor. <br />Staff Comments: <br />This is a combined public hearing procedure, which includes a rezoning, a Special <br />Exception Use, and a number of variances from the development standards. The <br />Commission will forward the rezoning and the Special Exception Use to the Council with <br />or without a recommendation and either approve or deny the variances. <br />The rezoning is from MU Mixed Use to LB Local Business District. <br />The Special Exception Use is for a gasoline service station. <br />The petitioner is also requesting the following 11 variances: <br />1) from the requirement of providing perimeter trees at a minimum rate of one over -story <br />deciduous tree every 40 feet to providing a minimum of two trees in the parkway of <br />Kenmore on the west side of the site and one tree along the north property line; <br />2) from the requirement of providing a minimum of a six foot wide landscape planting <br />area along the Western Avenue fagade of the existing building to no landscaping and to a <br />minimum of ten shrubs along the Kenmore Street; <br />3) from the requirement of providing Type `B" residential buffer yard screening along the <br />north and east property lines to providing a minimum six foot high landscape screening <br />fence along said property lines to the required ten foot sight triangle at the northwest <br />corner of the site and ten foot sight triangle at the southeast corner of the site; <br />4) to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed <br />in the twenty foot wide Residential Buffer yard along the north property line and east <br />property line to a minimum of one foot along the north property line and to a minimum of <br />two foot along the east property line as show; <br />5) from the requirement of providing a minimum of 24 foot aisle way in the shown north <br />parking area to a minimum of 22 feet; <br />6) from the requirement of providing a minimum 20 foot in length of their parking spaces <br />to 19 foot; <br />7) to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the <br />20 foot wide residential buffer yard along the east property line and to a maximum of 15 <br />feet into the 30 foot front yard building setback along Western Avenue; <br />8) from the requirement of providing a minimum of a ten foot wide drive -thru lane and 12 <br />foot wide bailout lane for the proposed gasoline dispensing facility to providing a <br />minimum of nine foot wide drive thru- and bailout lanes; <br />9) from the minimum 15 foot parking setback along Kenmore Street to a minimum of six <br />foot for proposed parking spaces; <br />10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of <br />nine feet and from the minimum of 30 foot front yard building setback along Kenmore <br />Street to a minimum of eight feet for an existing building; and <br />11) from the requirement of providing foundation landscaping on three sides of the <br />dumpster enclosure to screening as shown. <br />State statues and the South Bend Zoning Ordinance require that certain standards must be <br />APC # 2670 -13 Page 3 of 4 <br />