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07-08-13 Council Agenda & Packet
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07-08-13 Council Agenda & Packet
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Staff Report 5/9/2013 <br /> 5. Responsible Development And Growth: <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 facade 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 />
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