09-22-14 Council Agenda & Packet

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C LAWRENCE P. MAGLIOZZI INTERIM EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN ,- - = 1-1 RUUM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 July 24, 2014 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday August 6 2014. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner,. and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 4. Petition of Devon Hastings. The staff is generally in favor of the height variance, except for the 25' x 25' clear site area at the intersection of Erskine and Victoria. The petitioner can either reduce the height of the fence in this area to 3' or put the fence on an angle, but the staff would not support a clear site area variance.. CLEAR r CLEAR SIGHT I w I SIGHT AREA 1 . AREA IIT . _ . _ .4JZJ- . lyr.\ CRY STREET 6. Petition of Michael Grzeskowiak. The staff is in favor of a height variance, but only to the height needed to accommodate the proposed building. The definition of building height is "The vertical distance from the curb level to the highest point of the under side of the ceiling beams in the case of a flat roof to the deck line of a mansard roof and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height." An elevation or building plans may be helpful in determining the height, insuring that the requested variance is not greater than needed. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA. & ROSELAND W M' W S i 1 0 3'' R C 0" N I Y I N D I A N A C O M I .. .. I. ,.