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HomeMy WebLinkAboutSpecial Exception - 1026 Corby BlvdRESOLUTION 4289 -13 Passed by the Common Council of the City of South Bend, Indiana October 14, 13 20 Daai& Presented by me to the Mayor of the City of South Bend, Indiana October 15, 20 13 Approved and signed by me UC7G Q £ Q City Clerk President of Common Council 203. City Clerk RESOLUTION NO. l ZTC�-"(-3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1026 Corby Blvd. WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1026 Corby Blvd. in order to permit A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED h'OT APPROW-1 Co - -1 3 AleLoak& Member of the Common Council Filed in Clerk's E A -W- ��4 4 t:U13 CITY CLERK, 800th REND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1026 CORBY BLVD. Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole Area Board of Zoning Appeals City of South Bend, Indiana Five Corners LLC — Petitioner 1026 Corby Blvd South Bend, IN 46617 04 September 2013 Five Corners LLC 814 Marietta Street South Bend, IN 46601 574.233.1296 August 13, 2013 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd.; Suite 100 South Bend, IN 46601 RE: Special Exception Use from Developmental Standards 1026 Corby Boulevard South Bend, IN 46617 Township: Portage Zoning Classification: Multi -Use To the Honorable Board: Five Corners LLC is hereby applying for a Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure on property owned by Five Corners LLC. The Special Exception Use from Developmental Standards is as follows: 1) Applicant proposes to install non -whip cell phone antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. The existing structure is approximately thirty five (35) feet in height above grade. Legal Description 1026 Corby Boulevard additionally described as Part of Numbered Lot One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (38) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty -eight (3 8) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot one hundred six (106) feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. Proiect Description Five Corners LLC proposes to mount cell phone antennas which are approximately five (5) feet high and two (2) feet in diameter on top of an existing structure. Related equipment will also be installed on the existing structure. Proiect Location The project is in an area that is zoned multi -use. The site is adjacent to areas of high cell phone use and has access to the Metronet fiber optic network. r Yours trul , Charles S. Hayes Managing Member Five Corners LLC GENERAL STANDARDS FOR SPECIAL EXCEPTION USES (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced, no dangerous materials or equipment will be used at the site, and climbing rungs on the communication equipment shall be high enough off the ground to discourage intruders. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed project is a small addition to an existing structure located in a multi -use area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and, The proposed project is located in a multi -use area that is compatible with this type of addition. The area, as is it develops, will benefit from the services that this facility will provide. (4) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan. The proposed use is compatible with the recommendations of the City of South Bend City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, no additional traffic will be generated, and adequate electric service is available. The facilities are necessary to further develop the existing and new wireless as well as expand the network of users of conventional fiber optic networks such as the Metronet. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAx: (574) 235 -5541 September 5, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Five Corners, LLC ABZA 9/4/13 Dear Council Members: The above referenced petition of Five Corners, LLC was legally advertised on August 15, 2013. The Area Board of Zoning Appeals gave it a public hearing on September 4, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow the installation of non -whip antennas on an existing structure, on property located at 1026 Corby Blvd., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, /� // Mark A. Lyons Assistant Zoning Administrator 110T R.FM SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FIVE CORNERS, LLC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of SEPTEMBER, 2013. YES NO MICHAEL URBANSKI 0 RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS ABSENT ROBERT HAWLEY JOE VELLEMAN M BRENDAN CRUMLISH Table of Contents Exhibit A. Site Plan Exhibit B. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit C. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit D. 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U U (°—n woo W Q w2W' ww O w ?_j mw?� �O >� >� }¢ g 20 0) z0UZOU J >-i U F -Z LL JILJILJ m LL J (7Z ILJILJ m w ❑zg¢2 °zg °z g LL J J LL J(n_ z 00 O O N O M O �O O C �O r M O N 00 ( M 00 ( (O N w W O M O 00 O 00 O M W O N M N M w O C n IT t` 00 ? 7 r W O w O co O O O m O M M r r M .- M M r M M M M Cl) m M 00 co M M O) Cl) W v W 0 Cl) 0 O (O O 00 O) (O O 0 M 0 Cl) r- co r 00 n 00 O O M O O O 9 O O O 9 O 9 O 9 O LI? N O L O N O 9 O L9 O L9 O L9 00 w 0 W w W 00 00 00 00 00 co 00 00 00 W W W O O O O O O O O O O O O O O O O O O AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 4th day of September 2013 at 1:30 p.m. in the Council Chambers on the 4" Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Five Comers LLC SEEKING: A Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. ON PROPERTY COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS i Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 4th day of September , 2013 , at 1 :30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Five Corners LLC SEEKING: A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. a certain real estate in St. Joseph County, Indiana. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 AND IS LEGALLY DESCRIBED AS FOLLOWS: Part of Numbered One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (38) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty -eight (38) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot, one hundred six feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. Dated this 13th day of August 2013 Area Board of Zoning Appeals BD,gD, OP lo% vQ. G4p Carolyn A. liYenry V t4LS Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. \ .>. MIy - w u § , \ � \ � It2.' ; � « sir uj \� / � ■ y r ¥ - \ - w u § , \ � \ � It2.' ; � « uj -- ¥ - \ LLJ . . ./ . Dzw 2 UJ Ln LLI uj §Q y y.G< 5M fJ s � I= tijl - C 1 � I I' MIA I� J z W Z p — O s.uj O"N i� ,V 5 ni v I- 1 �y jf4 U7= _ IA �n t U � J _ S � I s � I= tijl - C 1 � I I' MIA I� J z W Z p — O s.uj O"N i� MIA I� J z W Z p — O s.uj O"N i� JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 331 W. JEFFERSON BLVD.. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND. INDIANA 46601 (514) 335.9511 August 26, 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, IN 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. September 4, 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. 3. Petition of Dean & Lucille Morehouse. The staff recommends denial of the variance. In early 2012 the petitioner inquired about subdividing their property in to multiple building lots. Staff stated we would not support the request for multiple lots or multiple access points. In June 2012, the petitioner was granted a variance from the required 20 acres to 4.86 for their 1 lot subdivision. At that time Mr. Danch stated the remainder of the property would become a non - buildable lot. Approval of this request 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. 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. ST10 S EPH CO UN TY INDI ANA. COM (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Roseland, Indiana Comprehensive Plan's future land use map has planned this area as mixed use at State Road 933, as single family residential along Pendle and as open space to the east. The extent of this development adjacent to multiple land uses should not - with the recommendations noted above - impede the orderly development and improvement to the adjacent properties. 10. Petition of Five Corners, LLC. Based on information available prior to the Board meeting, the Staff recommends that the Special Exception be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Special Exception Use is located on an existing sign structure (billboard) that is 40' tall. If the antennas were located on a structure that was 50' tall, they would be permitted without a Special Exception. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The use is an addition accessory use compatible with the mixed use district. It should not adversely affect the future development of the adjacent area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is located in a mixed use district that allows for a wide range of compatible uses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the objectives of The City of South Bend, Indiana Comprehensive Plan (November 2006) is to encourage the development of telecommunications infrastructure that enhances the City's level of communication and service. The special exception for the non -whip antennas is consistent with this objective. Furthermore, the zoning ordinance encourages the use of existing structures to accommodate telecommunication facilities. 11. Petition of Ruthane Donahue. Based on the information available prior to the Board meeting, the Staff recommends that the Special Use for group residence be sent to the County Council with an unfavorable recommendation. (1) The proposed use will be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Based on the number of residents stated in the petition as potentially occupying the home, and discussion with the Health and Fire Departments, the property is not adequately sized for the Special Use as proposed. In 2011, the petitioner received approval for a replacement septic system based on a 6 bedroom residence. In a letter received by the Penn Township Fire Department, they expressed multiple public safety concerns, including overgrowth and obstructions that would inhibit their ability to access the property in case of emergency. The County Engineering Department notes that the site does not provide adequate parking and that many of the parking spots shown are either not viable or would require backing out in to the public right -of -way. Not only do the concerns of these agencies pose a health and safety concern for the residence of the home, but those of surrounding properties as well. SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, & ROSELAND W W W.STIO SEP HCOUN TYING IAN A.COM FIVE CORNERS, LLC The petition of Five Corners, LLC seeking a Special Exception to allow the installation of non -whip antennas on an existing structure less than 50' in height, on property located at 1026 Corby Blvd., Portage Township. Zoned "MU ". MRS. KERRY WALLACE: I work for Five Corners, LLC. Our address at the office is 814 Marietta Street, South Bend. We're today to request a Special Exception for locating antennas on an existing structure that's less than 50'. Verizon Communications, Verizon Wireless Communications would like to locate their antenna on an existing structure there. And they want to increase their coverage in this particular area but most importantly for the Eddy Commons retail area is their main focus. The existing structure is a Burkhart Advertising sign for which we have a land lease and we also have an antenna lease with them that runs concurrently with each other. The equipment that's related to the antennas that's going to go on the structure are also going to be on the structure so there will not be anything on the ground there. We're going to be utilizing the services of this age of revolving internet which runs along that Eddy Street corridor. As the area develops these facilities are really going to be very, very important all the people that live, work, play there and the cars the drive through there. As well we're going to be expanding the infrastructure of the fiber optic network. We believe this is really a very small addition to an existing structure located in a multi -use area and we respectfully ask for your favorable recommendation for this petition. We thank you very much for listening to it today and if you any questions, I'm here to answer them. MR. VELLEMAN: These won't spin or anything like the other ones that we have previously so it would be detracting from like the driver's or anything? MRS. WALLACE: No MR. VELLEMAN: How tall are these going to, the picture doesn't give me a good indication, how far above the...? MRS. WALLACE: The existing structure is 40' in height. These antennas are going to be on top of the existing structure on pipe knobs and so the total structure then will be approximately 43' in height. MR. VELLEMAN: Oh, so it's pretty reasonable. So basically everything that's already serving the billboard can serve your antennas as well too from power to everything? You're not going to have to add generators after the fact or anything like that? MRS. WALLACE: Not for which I'm aware at this point. I can't imagine it or Verizon hasn't indicated that to me. MR. URBANSKI: Is this something you'll be able to do more and more of instead of having to build more towers...? MRS. WALLACE: Yes it is. Just for high traffic areas. So it's just kind of a win -win, I think to be able to use something for a dual purpose. MR. URBANSKI: Mark, if they need to put a third one up for some reason for somebody else, do they have to come back before us again? MR. LYONS: What do you mean? MR. VELLEMAN: These are specifically for Verizon. If Sprint wanted something would they have to come back? Area Plan you have some comments on this? MRS. SMITH: It's been noted that Area Plan recommends the-, this be sent with a Favorable Recommendation. It's one of those weird things in that the ordinance tries to encourage co- habitation and if they were a 50' building they would be able to go up just fine, but because it's 40' billboard they have to seek a Special Exception. MR. VELLEMAN: You know what's going to happen, everyone is going to go by that billboard and say "what are those things for ?" IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception the City of South Bend Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition was sent to the City of South Bend Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the City of South Bend Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION SURVEYOR'S NOTE THE PARENT PARCEL BOUNDARY OF THIS DRAWING IS ILLUSTRATED FROM RECORD INFORMATION AND IS APPROXIMATE. THE TOPOGRAPHICAL SURVEY FOR THIS MAP WAS PERFORMED ON JULY 29. 2013. NOT TO BE USED AS CONSTRUCTION DRAWINGS. ELEVATION DATUM ALL ELEVATIONS ARE BASED ON NAVD 88 DATUM. CONTOURS ARE ILLUSTRATED AT 1.0' INTERVALS, SMBt) ELEVATION: 737.36 BOX CUT ON THE WEST SIDE OF CONCRETE BASE TO BILLBOARD SUPPORT POLE. FLOOD PLAIN INFORMATION WE HAVE CONSULTED THE FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE MAP AS PREPARED FOR ST. JOSEPH COUNTY, INDIANA. COMMUNITY PANEL NUMBER 18141CO2110 DATED JANUARY IS 2011, AND FIND THAT THE PROJECT SITE IS ZONED X (AREAS OF MINIMAL FLOODING). ZONING DATA ACCORDING TO THE SOUTH BEND ZONING MAP DATED JUNE 2001 THIS SITE IS ZONED: MU MIXED USE DISTRICT SETBACKS: FRONT: 20' MINIMUM REAR: RESIDENTIAL BUFFERYARD 15' SIDE: RESIDENTIAL BUFFERYARD 15' BASIS OF BEARINGS LATITUDE AND LONGITUDE OF SIZE REFERENCE POINT ARE BASED ON THE WIN (HIGH ACCURACY REFERENCE NETWORK) NAD63 (CORS 96) BEARINGS ARE BASED ON TRUE MORN AS DETERMINED BY HORN (HIGH ACCURACY REFERENCE NETWORK) W83 (CORS 96) PROPRIETOR 1025 CORBY LAND TRUST 514 MARIETTA STREET SOUTH BEND, INDIANA 46601 EASEMENTS, COVENANTS CONDITIONS AND RESTRICTIONS THE TITLE SEARCH ISSUED BY 7 AS RUE NO. ?, DATED ? ?. ? USTS THE FOLLOWING FASEIAENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS. THAT ARE MATTERS OF SURVEY. AFFECTING THE PARENT PARCEL UNDER '? ???? ??4? ? ? ?': NO TIREWORK PROVIDED LEASE AREA DETAIL SCALE 1' =10 1. 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UPDATE: JMF07 3113 JCHKD BY L w.A. LOCATION NUMBER LOC. SITE ADDRESS 1026 CONSY ST. SOUTH OM, RDUHA 417 SHEET TITLE PS -1