07-13-15 Agenda, Packet & Committee Meeting Notice

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C LAWRENCE P. MAGLIOZZI Ids EC U"rlvE nlx ecTOR Angela M. Smith Drl „1, Di-1— PAREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN "I I- JbFFER50N BLVD., ROOM IltO C11NTY "CI "I'1 BUILDING, SOU'T'H BEND, INDIANA 466111 ( 5 7 4 1 135 "9571 June 24, 2015 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, July 1, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36 -7 -4- 918.5) 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. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff s opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W w. s T 10 s E PH C O U N T Y i N p: A N A. C O H I A RE A Y L AN