Special Exception - 900 Block of Oliver Plow Court (2)

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3 Exception is required due to the amount of the property, which will be used for outside storage of inventory product. The City's Ordinances in the General Industrial District limit the outside storage to 50% of the size of the property. As proposed, the outside storage exceeds that amount of area by approximately 58,350 square foot. Underground Pipe and Valve desires to remain in a downtown location, as they are centrally located to their clientele. The City also desires to keep Underground Pipe and Valve within the City limits, and as stated, close to their clients. The City believes that this site works well for them, and the proposed user. This also helps to develop the Urban Industrial Park, and may entice other Companies to this centrally located Industrial Park. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). With regards to the Variance requests for Parcel "A ", the first Variance the Petitioner is requesting, is 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. The entire north boundary of the Petition site is located along the Conrail Railroad right -of -way, which contains several sets of rails and has a width of approximately 160 feet. There is also a grade change between the Petition site and the railroad right -of -way. The tracks are higher than the site by approximately 10 feet. The Petitioner believes with the width of the right -of -way and the use being an active rail line, the required 100 ft. wide setback is not needed, nor is the requirement of providing landscaping along this portion of the property. The Petitioner would also state that they own the ground located to the northwest of the Petition site and that it will be used as the main retention basin for the Industrial Park. The Petitioner, as part of the development of the Industrial Park, will be adding additional landscaping on portions of the basin area. They would hope that the Board Members agree that approval of this Variance request would not have an adverse impact on any surrounding property or their values. The second Variance request is 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