08-26-13 Council Agenda & Packet

Home Browse Search

JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571 July 29, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4" Floor County City Building South Bend, fN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. ST) OSEPHCOUN TY IN 0 1 ANA. COM