08-24-15 Agenda, Packet & Committee Meeting Notice

Home Browse Search

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