12-14-15 Agenda, Packet & Committee Meeting Notice

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• Staff Report 11/5/2015 manner to better serve the health of neighborhood residents. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 4 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: 1) from the required 15'minimum front yard setback to 5'for an interior access driveind parking; 2) from the required 15' side residential bufferyard to 5'; 3)from the required'oundation landscaping to the existing landscaping; and 4) from the required Type: B Landscapingilong the alley to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1)The approval will not be injurious to the public health, safety,morals, and general welfare of the community. The proposed setbacks will allow parking and access on site to meet the demands of the use and will be consistent with what is existing on site. (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. Surrounding property values will not be adversely affected by the building addition or the parking lot due to the change in elevation and landscaping which will serve as a noise and light buffer. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Due to the unique configuration of, and the relatively small depth of the site, the strict application of the residential bufferyard setbacks would not allow the dental office to expand. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Staff recommends approval of variances 1, 2,and 4,however requests that variance#3 be subject to providing foundation landscaping for any new buildings or additions. Analysis: This rezoning will allow an existing dental office, which is current split-zoned,to be properly zoned and modified in a way that allows for expansion of an existing use and a more efficient traffic flow for patrons and employees. This rezoning is a natural expansion of a minimally-invasive zoning district which borders a commercial hub to the south. APC # 2759-15 Page 3 of 3