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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) 2359571 <br />August 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 />Common Council <br />Attn: Janice <br />4`h Floor County City Building <br />South Bend, IN 46601 <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, September 4, 2013. The absence of <br />comments on any particular item should not be construed to mean that the staff agrees with <br />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 difffculties <br />in the use of the property. <br />3. Petition of Dean & Lucille Morehouse. <br />The staff recommends denial of the variance. In early 2012 the petitioner inquired about <br />subdividing their property in to multiple building lots. Staff stated we would not support the <br />request for multiple lots or multiple access points. In June 2012, the petitioner was granted a <br />variance from the required 20 acres to 4.86 for their 1 lot subdivision. At that time Mr. Danch <br />stated the remainder of the property would become a non - buildable lot. Approval of this <br />request would create two lots that are not consistent with the intent of the Agricultural District <br />of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. <br />Further subdividing properties for non - agricultural purposes, compromises the overall intent of <br />the agricultural pursuits of the district. The agricultural district lot standards are established to <br />protect the farming community at large by preventing the encroachment of scatter urban -type <br />uses. <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND <br />W W W. STIOSEPHCOUNTYINDIANA.COM <br />