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LAWRENCE P. MAGLIOZZI <br />C <br />ES B( u r I v): D1 K I.,- roR <br />Angela M. Smith <br />Deputy Dior HO• <br />AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN <br />319 W. JEFFERSON BI.VD., ROOM 1140 COUNTY -CITY BUILDING. SOUTH BEND, INDIANA 46601 (594) 23S 9S91 <br />February 19, 2015 <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, March 4, 2015. The absence of comments on any particular item <br />should not be construed to mean that the staff agrees with the request. <br />Variances (IC 36- 7- 4- 918.5) <br />A variance from any of the development standards of the Zoning Ordinance may only be approved <br />upon the Board of Zoning Appeals making a written determination and adopting appropriate <br />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 />Petition ofJ.A, Mirkin Realty, Inc. <br />Staff recommends DENIAL of the requested variances from the sign ordinance. The intent of <br />nonconforming lots, uses, buildings, structures or signs clearly states that these uses only be allowed to <br />continue until they are removed, but not to encourage their survival. The ordinance further states that the <br />removal of a sign structure or sign cabinet shall be deemed definitive evidence that such sign requires <br />work beyond normal and routine repair and maintenance, and such sign shall not be reconstructed except <br />in conformity with the provisions of the ordinance. By removing the cabinet of the manual reader board <br />the sign lost its legal non - conforming status and is required to come in to conformance with the current <br />sign ordinance. The development criteria in zoning ordinances are established to create uniform <br />standards for all like properties within a specific area or zoning designation. Granting the variance <br />weakens the effectiveness of the current ordinance and sets a precedent for all other legal non- <br />conforming signs to continue in perpetuity, a direct conflict with the intent of the Ordinance. The <br />petitioner has presented no practical difficulties to support the variance request. There are no unique <br />characteristics on or off the site to warrant additional height or square footage variances. <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND <br />W W W AIIO$1 PH C 0 N N r Y IN 0 IAN A.0 0 n i e a fA I I AN <br />