11-25-13 Common Council Agenda & Packet

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JOHN W. BYORNI EXECUTIVE DIRECTOR C LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST . JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C UN4/1 ry1E `BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9S7 I Y`t - October 23, 2013 P•k, nom, s Area Board of Zoning Appeals e 010 Common Council !�� 125 S. Lafayette, Suite 100 �e�.o, <►a� c@ Attn: Janice South Bend, Indiana 46601 9rr r, Floor County City Building SOS : South Bend, IN 46601 RE: Area Board of Zoning Appeals Meeting ®F't'O4V Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, November 6 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 Mallory Square, LLC . The staff recommends approval of these variances for lots 1, 2, 3, 17, 18, 19, and 20 only. These lots are either already built on, or have infrastructure, like a street, readily available. The staff feels granting variances, in this instance, for lots not yet created is premature. Development issues, such as public streets and the extent to which the property can be further developed, need to be addressed through established procedures before variances for the other proposed lots are considered. The staff would note that the town must accept the road, or additional variances for frontage will be required. 10. Petition of Robert J. Truckowski and Robert J. Truckowski II. The staff recommends denial of this variance. Frontage requirements were established for many reasons, including clear visual identity, adequate spacing between homes to prevent stacking of homes, and to reduce confusion between properties for emergency response SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA. & ROSELAND WWW STIOSEPHCOUNTYINDIANA COM