05-28-14 Council Agenda & Packet

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4 The fourth Variance request is to be allowed to encroach into the 20 ft. Side Residential Bufferyard area along the East property line to a minimum of 1 £t. for existing driveway pavement area, parking, a proposed Dumpster, Dumpster enclosure, and a screening fence as shown. This request is to allow the existing pavement along the East property line to remain with the existing parking at the northeast corner of the building. The Petitioners would like to take the existing dumpster which is presently in the open on the East side of the building and move it further North along the East property line and place it into an enclosure which will screen it from the street and adjacent properties. They would also desire to replace the existing fence along the east property line with a new screening fence which will vary in height from 4 ft. in the front -yard setback portion of the site to 6 ft. along the remaining portion of the East side of the site. The Petitioners believe approval of this request for improvements would not have an adverse affect on surrounding properties. The last Variance request is from the requirement of providing Type "B" Residential Bufferyard screening along the East and South property lines to providing a minimum 6 ft. high landscape screening fence along said East property line, with a 4 ft.-high-screening fence in the 30 ft. Front -yard setback area and to using existing vegetation along the South property line as shown. This request is similar to the previous request in that it would allow in place of a Type "B" screening stated in the Ordinance, the use of a screening fence along the East property line as described above and the use of existing vegetation that is present along the South side of the site. The Petitioners believe approving the screening fence instead of a row of evergreens on the East property line will allow for the efficient use of the property by letting the existing pavement remain, along with the proposed improvements and parking described in the previous request. The Petitioners do not believe approval of this request will have a negative impact on surrounding properties. The Petitioners are also requesting approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. Under the "LB" Local Business District standards, Gasoline Service Station (without repairs) requires approval of a Special Exception. The Petitioners believe approval of the Special Exception will allow for the neighborhood residents to have a facility that is close to their homes where they can fuel their vehicles. This Northwest neighborhood's access to fueling facilities, is isolated from convenient locations. Residents need to travel to the Southeast towards town, West of Bendix Drive or North on Portage Avenue South of the Toll Road. The Petitioners believe the residents would prefer to have a clean, modern facility which is closer to their homes to fuel their vehicles.