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08-24-15 Agenda, Packet & Committee Meeting Notice
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08-24-15 Agenda, Packet & Committee Meeting Notice
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
8/24/2015
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K17112TIMwo <br />8/7/2015 <br />the Common Council with or without a recommendation and either approve or deny the <br />variances. <br />The variances are as follows: <br />1) From the required landscaping of required perimeter yards to none; <br />2) From the required off - street parking area screening to none; <br />3) From the minimum required 22' front facade height to 21'; and <br />4) From the requirement that trash containers not be located between the front facade of <br />the primary building and the front lot line to allowing trash container between the west <br />facade and the front (west) lot line. <br />State statutes and the South Bend Zoning Ordinance require that certain standards must be <br />met before a variance can be approved. <br />(1) The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community. The site is an existing commercial development. The trash <br />receptacle will only be visible from the west side of Main Street, which is predominantly <br />vacant. The difference of one foot of facade height will not easily distinguished, or <br />adversely affect the general welfare of the community. <br />(2) The use and value of the area adjacent to the property included in the variances will <br />not be affected in a substantially adverse manner. The requested variances will allow the <br />site to maintain its current layout, which is similar to adjacent properties. The trash <br />enclosure will serve as a screen for the dumpster, which is already existing on the lot. <br />(3) The strict application of the terms of the zoning ordinance will result in practical <br />difficulties in the use of the property. Since the site technically has frontage on both Main <br />and Michigan Streets, the strict application of the ordinance would subject it to more <br />requirements than other, similar, commercial sites. Adding an additional one foot to the <br />facade of the building would pose a significant cost, with minimal benefit. Since this site <br />has two fronts, a trash receptacle could not be placed outside of a front yard without <br />impairing traffic flow through the site. <br />Recommendation: <br />Based on information available prior to the public hearing, staff recommends the rezoning <br />petition be sent to the Common Council with a favorable recommendation. Staff <br />recommends approval of all four variances. <br />Analysis: <br />Allowing this site to be zoned to the mixed -use district will allow the building to be used <br />to its full potential without adversely affecting the surrounding properties. Encouraging <br />vertical mixed -use increases density and creates a more sustainable environment. <br />APC # 2748 -15 Page 3 of 3 <br />
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