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Board of Zoning Appeals - January 18, 2007 <br />is so small you would not be able to build on it and basically we are using it for our landscape requirements <br />[or the City of South Belld. Agalll that's IIOt gOlllg t0 COllle lip for' a taX Sale, that W111 ]llallltaln Wlth the <br />hO111eOWlle1'S aSSOClatl011 s0 WG hOplllg that pal'tlClllal' item is addressed. The other variances that you see are <br />strictly because we're creating lot lines between the buildings along the party walls and due to the way the <br />ol'dinance for the City of South Bend is written what [had attempted to do is meet the single family standards <br />so all the variances you see for side yard setbacks, rear yard setback, frontage requirements, density because <br />under the single family COCIGS 1 be11eVG lhel'e 1S a I11aXllllu111 density OI' COVerage Of blllldlllgS Of 40'%x. SO What <br />you're seeing through this whole thing is because we're selling the building on a smaller piece of property it's <br />going above that 40~%~ requirement. So we have attempted to basically ask for all the variances that would be <br />allowed for these individual Townhomes to be sold fee simple to a owner and then we Would go before the <br />AI'ea Mall COI111111SSIOl1 and do a llllllol' SllbdlVl51011 to create legal lots of record. That's kind of the jest of <br />what you're seeing here. The request that we had for landscaping we had is we ah'eady had a site plan <br />approved for this development with the City of South Bend. The landscaping request clown to zero trees is <br />because we are doing the perimeter tree and landscaping on that outlot A around the site. And if you have any <br />questions for n1e or Mr. Carney or his attorney we Would be happy to answer them. <br />MR. SASSANO: I have one quick question, there's a homeowners association that will oversee landscaping <br />and maintenance. Are there requirements about rentals? I mean could these turn into eight rental units? <br />MR. STEVE SNDYER: 200 W. Main St., Syracuse, Indiana. I'm the attorney for the project that wrote the <br />covenant There is no restrictive covenant prohibiting rental of those at the present time. It would be no <br />different than owning a COlldOnllll(11111 or owning a single family residence and renting it out. It will be <br />individual ownership. <br />MR. FOZO: Excuse ule the declaration that was given to nle as an example I thought it did not restrict rental <br />hilt It reStClCtGd rental fOr at least a SlX IllOlltll SO yoll COllld not CIO It Oll a ]llontllly baS1S Ol' a[lytlllllg. A lOllg <br />tel'lll. <br />MR. SNYDER: Yes. <br />IN I+AVOR <br />There was no one present to speak in favor of this petition. <br />RCI\~IONSTRANCiJ <br />There was no one present to speak in remonstrance of this petition. <br />MR. HOFFMAN: And this time I won't forget you. Does Area Plan have any comments? <br />MR. NEMETH: I'll just keep it brief. Our department supports both Special Exceptions and variances. The <br />planning director informed me just before the meeting, just because of the Commissioners policy during the <br />subdivision phase the developer might be required to extend the lot lines into the parking lot and the outlot. <br />But it's a might is what he said. <br />17 <br />