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JOHN W. BYORNI <br />EXECUTIVE DIRECTOR <br />LARRY MAGLIOZZI <br />DEPUTY DIRECTOR <br />AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN <br />227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 <br />June 26, 2013 <br />Area Board of Zoning Appeals <br />125 S. Lafayette, Suite 100 <br />South Bend, Indiana 46601 <br />RE: Area Board of Zoning Appeals Meeting <br />Dear Board Members: <br />The following comments are being made concerning some of the items to be heard at the Area <br />Board of Zoning Appeals meeting on Wednesday, June 5 2013. The absence of comments <br />on any particular item should not be construed to mean that the staff agrees with the request. <br />Variances <br />A variance from any of the development standards of the Zoning Ordinance may only be <br />approved upon the Board of Zoning Appeals making a written determination and adopting <br />appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: <br />(1) The approval will not be injurious to the public health, safety, morals and general <br />welfare of the community, <br />(2) The use and value of the area adjacent to the property included in the variance will <br />not be affected in a substantially adverse manner, and, <br />(3) The strict application of the terms of this Chapter would result in practical diiculties <br />in the use of the property. <br />4. Petition of David A. & Maxine M. Jozwiak. <br />The staff recommends denial of the proposed setback variances. There is adequate room to <br />place the proposed 10'x12' shed on the existing 12.7'x18.5' concrete slab and provide <br />reasonable side and rear setbacks. Setbacks are established to protect surrounding property <br />owners and the proposed 15" from the property line does not provide sufficient area to either <br />construct or maintain the shed without encroaching on the adjacent property. <br />8. Petition of Michael J. Carmichael. <br />The staff recommends that if the variance is granted, that it be granted subject to obtaining <br />approval for a septic system on each lot. <br />12. Petition of Charles S. Hayes. <br />The staff recommends approval of the variance request for no perimeter landscaping and <br />foundation landscaping. In consideration of the extensive private redevelopment activities <br />along Hill Street to the south and north, the staff recommends that the petitioner pursue with <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND <br />W W W.STJOS EPHCO U N TYI ND IAN A. C 0 M <br />