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LAWRENCE P. MAGLIOZZI <br />C EX f. C U 1 Vf DIRECTOR <br />Angela M. Smith <br />b"-., Di........ <br />AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN <br />117 IV. JEFFERSON BLVD., R0OAJ 1140 COUN'T'Y -C1T 1' BUILDING, SOUTH BEND, INDIANA 46611 (5 7 4) 135 9591 <br />June 24, 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 Wednesda,JJuly, 1 2015, The absence of comments on any particular item should <br />not be construed to mean that the staff agrees with the request. <br />Variances(IC 36 -7 -4 -918. S) <br />A variance from any of the development standards of the Zoning Ordinance may only be approved <br />upon the Board of ZoningAppeals 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 dculties in the <br />use of the property. <br />1. Petition of Mark A. Tarner <br />Staff recommends denial of the variances. The staff does not see any practical difficulties present on the <br />site that would require the structure to be placed 3' from the property line. There appears to be more than <br />sufficient room on the site to place the garage at the required setback. It is the staff's opinion that the <br />combination of the height of the proposed structure and its proximity to the property line may <br />compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed <br />structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner <br />that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff <br />further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling <br />unit is not permitted without a special exception. <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND <br />W W W, s T 10 5 I PH C 0 US T Y 1 N D I ANA <br />DO 1 , A PFAPLAN <br />