11-10-08 Council Meeting Agenda & Packet

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NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana 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 18th day of SEPTEMBER, 2008, at 3:00 p.m, or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by The City of South Bend, 12 ~ Floor County-City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the following: A). Special Exception Request: PARCEL "A": A}. Approval of a Special Exception as allowed under Section 21-04-02 (2) (B} (iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds .the maximum allowed outside storage area of 137,650 square feet (i.e. 50g of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04--02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PARCEL "A": 1). A Variance from the requirement of providing a 100-foot wide Rear Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlat "A" located West of Petition site. 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The property is presently zoned "GI" General Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLTVER PLOW COURT, SOUTH BEND, INDIANA, 46601 AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: COM~NCING AT THE NORTHWESTERLY CORNER OF LOT # 3 OF THE PLAT OF "OLIVER PLOW WORKS FIRST MAJOR - SECTION ONE" AS RECORDED BY DOCUMENT NO. 0403909 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 51.57 FEET TO THE END OF A CHORD WHICH BEARS N. 24°-48'-22" W. AND HAVING A DISTANCE OF 50.00 FT. TO THE TRUE POINT OF BEGINNING; THENCE 5. 89°-49'-06" W., 370.71 FT,; THENCE N. 00°-03'-37" E., 711.30 FT. TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE CONRAIL RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY FOR THE NEXT NINE (9) COURSES, S. 73°-11'-44" E., 88.49 FT. AND S. 73°-06'-44" E., 50.00 FT. AND S.