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LAWRENCE P. MAGLIOZZI <br />INTERIM EXECUTIVE DIRECTOR <br />AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN <br />227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 7 4 ) 23 S 9 S 71 <br />July 24, 2014 <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 items to be heard at the Area Board of Zoning <br />Appeals meeting on Wednesday August 6 2014. The absence of comments on any particular item <br />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 welfare of <br />the community, <br />(2) The use and value of the area .adjacent to the property included in the variance will not be <br />affected in a substantially adverse manner; and, <br />(3) The strict application of the terms of this Chapter would result in practical difficulties in the <br />use of the property. <br />4. Petition of Devon Hastings. <br />The staff is generally in favor of the height variance, except for the 25' x 25' clear site area at the <br />intersection of Erskine and Victoria. The petitioner can either reduce the height of the fence in this <br />area to 3' or put the fence on an angle, but the staff would not support a clear site area variance. . <br />CLEAR , CLEAR <br />SIGHT I LU I SIGHT <br />AREA ¢ AREA <br />lAT <br />. _ . _ .LRL . 11U /ZRM/ <br />STREET <br />6. Petition of Michael Grzeskowiak. <br />The staff is in favor of a height variance, but only to the height needed to accommodate the proposed <br />building. The definition of building height is "The vertical distance from the curb level to the highest <br />point of the under side of the ceiling beams in the case of a flat roof to the deck line of a mansard roof <br />and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, <br />or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other <br />than signs shall not be included in calculating the height." An elevation or building plans may be <br />helpful in determining the height, insuring that the requested variance is not greater than needed. <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND <br />W W W. ST 10 S F PH C 0 U N T Y, N D, A N A C 0 X I, r • p I , , <br />