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JOHN W. BYORNI <br />C EXECUTIVE DIRECTOR <br />LARRY MAGLIOZZI <br />DEPUTY DIRECTOR <br />PLAN COMMISSION OF ST. JOSEPH COUNTY, IN <br />217 W. JEFFERSON BLVD.. ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9Sy.1 <br />May 27, 2014 r <br />Area Board of Zoning Appeals <br />125 S. Lafayette, Suite 100 <br />South Bend, Indiana 46601 <br />RE: Area Board of Zoning Appeals Meeting <br />Dear Board Members: <br />The following comments are being made concerning some of the items to be heard at the Area <br />Board of Zoning Appeals meeting on Wednesday. June 4. 2014. The absence of comments <br />on any particular item should not be construed to mean that the staff agrees with the request. <br />Variances <br />A variance from any of the development standards of the Zoning Ordinance may only be <br />approved upon the Board of Zoning Appeals making a written determination and adopting <br />appropriate Findings of Fact, based upon the evidence presented at a public hearing, that <br />(1) The approval will not be injurious to the public health, safety, .morals and general <br />welfare of the community; <br />(2) The use and value of the area adjacent to the property included in the variance will <br />not be affected in a substantially adverse manner, and, <br />(3) The strict application of the terms of this Chapter would result in practical difficulties <br />in the use of the property. <br />1. Petition of cnca /Grand Trunk Western Railroad <br />The staff recommends the petition be tabled until a detailed survey can be conducted to <br />determine the precise location of the proposed sign. Based on the petitioner's site plan, as <br />submitted, the staff is unable to determine whether it is located entirely on the Railroad right -of- <br />way or where it is in relation to the right -of -way of Capital Avenue, and the City limits of <br />Mishawaka. In 2012, the City of Mishawaka annexed property that included the Capitol <br />Avenue right -of -way immediately north of the Railroad right -of -way. <br />If the sign is located entirely in the Railroad right -of -way, Section 154.030 of the Zoning <br />Ordinance provides guidelines for the interpretation of zoning boundaries. Sub - section (E) <br />states, in full: "Boundaries indicated as approximately following railroad lines shall be <br />construed to be midway between the main tracks." Therefore, the "C" commercial zoning to the <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND <br />W W W.STIO SE PHCO U NTYIN D IANA.0 11 <br />