06-23-14 Council Agenda & Packet

Home Browse Search

north is extended to the center of the railroad right -of -way. The development standards of the "C" Commercial district are therefore also extended and applied to that portion of the railroad right -of -way. However, the location of the proposed sign, as provided by the petitioner's site plan, is at a point where the Railroad intersects with the Capital Avenue right -of -way. Zoning classifications are not extended into public right -of -ways as they are with railroad right -of -ways Subsequently, it is staff's opinion that the proposed location of the sign is not zoned, and therefore the use is not permitted as a standalone commercial use. The City of Mishawaka recommends denial of the requested variance. A full copy of their comments has been attached previously. 3. Petition of FTC, LLC. The staff still recommends denial of the requested variance. Even though the petitioner has reduced the size of the addition to 2,000 square feet, the structure remains twice as large as permitted. The proposed addition would create a structure that far exceeds a typical residential accessory structure. The proposed size and nature of this structure is more consistent with a commercial building. If approved, the variance could negatively impact the use and value of the adjacent property. 9. Petition of Ronald L & Katherine S. O'Dell. If the variance is granted, staff recommends it be subject to the remainder either being platted as an outlot on a recorded subdivision or combined with an adjacent parcel on a recorded deed. 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 will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Pla 11. Petition of Sam & Wadad Ammon. Based on information available a Board meeting, the staff recommends the special e Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed development will revitalize a vacant commercial property and help improve this section of the corridor. SERVING ST, JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.STSOSEPH000NTYIN DIANA. CC