03-10-14 Council Agenda & Packet

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Staff Report Staff Comments: 2/3/2014 This is a combined public hearing procedure, which includes a rezoning, a special exception and seven variances. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF Single Family and Two Family District and OB Office Buffer District to OB Office Buffer District. The Special Exception Use is to allow single family homes on proposed Lot 15A and 17. The petitioner is also requesting the following 7 variances: 1) from the required 8' side yard setback on all lots and the required 15' side residential bufferyard for the west line of Lot 17 to 1' from the east line of Lot 15A and west line of Lot 17, and 0' for the lines between Lots 15A and16A, and 16A and 17 for both parking and structures; 2) from the required 15' rear residential bufferyard for all lots to 5'; 3) from the required 1 parking island to 0; 4) from the required 24' drive aisle to 23.6'; 5) from the required rear residential bufferyard and parking screening to a 6' vinyl fence; 6) from the required Type B landscaping for the front yards of all lots to Type A landscaping; and 7) from the required side residential bufferyard screening for the west line Lot 17 to a proposed 6' vinyl fence and partial Type A landscape screening as shown on the site plan. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends that the rezoning be sent to the Common Council with a favorable recommendation. Based on the information available prior to public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances, subject to the approval of the rezoning. Analysis: The rezoning will allow for an existing office to expand and the Special Exception Use will allow the residential homes to remain viable within this mixed use area. The variances represent an existing situation or one created specifically by the change in rezoning, and should not impact the surrounding uses. APC # 2692 -14 Page 3 of 3