01-13-14 Council Agenda & Packet

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7. Petition of Burkhart Advertising, Inc. It is the staffs opinion that the petitioner has not illustrated a physical hardship on this particular parcel that the sign is located, that would result in practical difficulties in the use of the property. As stated in previous comments from staff on other petitions pertaining to digital signs (electronic message centers) and conversions of those signs to digital, the petitioner is on notice that, if and when the community addresses any changes to the off - premise sign requirements within the zoning ordinance, this billboard may be subject to those requirements, specifically to the luminance of the display. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 be consistent with the character of the district in which it is locatgd.and- theiand-use.,i:_ thorized therein; (4� The proposed use_is com ible with the recommendations of the Comprehensive 8. Petition Luis A. Renteria - Morales. Based on information available prior toit4d Board meeting, the staff recommends that the special exception be sent to the Corr6n Council with a favorable recommendation. '9h taff recommends the eacSigriance be approved at a height of 8', and reminds the Boar n i ioner that..thefibnce may not be erected in the site triangle between Haney Street and the north /south alley. The staff recommends that the front setback and residential bufferyard variances be approved, with the exception of along Michigan Street on the west be approved to 5', and with stripped parking spaces at 9'x20' per space with a 24' drive aisle and one parking island perpendicular to Michigan at both entrances. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare. The property was previously used as a car wash, an auto - oriented use. The proposed car sales is also an auto - oriented use. As a Special Exception, additional development standards can be imposed as part of the site plan in order to alleviate some of the concerns addressed by this standard. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located along the Michigan Street south gateway. Existing uses include car rental, engine part store, and grocery store. The proposed use will not adversely affect the use of the adjacent area or property values. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.ST)OSEPHCO U N TY I NO I ANA, C ON