11-23-09 Common Council Meeting Agenda & Packet

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~r~~ ~I~n ~®r>ftmi~~i®n ®fi ~~. J®~~ph ~®~nty 11 ~Q Cet!nIy-amity Building sotith Bend, indiana 466Qi John W. Byorni Executive Director Larry P. Magliozzi Assistant Director _. - - - - Fax 574 235-9813 Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan September 30, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 1ZE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday October 7 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and valve of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 3. The petition of Timothy W Gordy and Yvette D Gordy. The Staff recommends denial of the requested variance for an accessory structure without z primary structure. If the lots were combined in a replat, the variance would not be needed. 6. The petition of.lVIary Jane Herbster and Rodney McBride. The Staff recommends approval of the lot size and frontage variance for Parcel 1. The Staff recommends denial of the frontage variance for Parcel 2. Granting the frontage variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large, appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that Parcel 2 be combined with Lot 1 Buckles Minor in a new 2 lot minor subdivision. g. Tlne petition of Starlight Care Center, LLC. The Staff is not in favor of a one foot setback without a maintenance easement being granted by the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on the neighboring property. 9. The petition of Huffaker Enterprises, Inc and Coanpany G. The Staff recommends approval of the 0 foot setback on the east and south side of the existing building at the comer of Oakside and Main Street. The Staff also recommends approval of the landscaping variances. Since the building is built to the lot line, there is no room for any landscaping on the east and south sides of the building. ~ / a~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ .v ,,. .. t,,