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JOHN W. BYORNI <br />A10"M EXECUTIVE DIRECTOR <br />LARRY MAGLIOZZI <br />DEPUTY DIRECTOR <br />PLAN COMMISSION OF ST. JOSEPH COUNTY, IN <br />229 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S)4) 235 -9571 <br />November 25, 2013 <br />Area Board of Zoning Appeals <br />125 S. Lafayette, Suite 100 <br />South Bend, Indiana 46601 <br />RE: Area Board of Zoning Appeals Meeting <br />Dear Board Members: <br />Common Council <br />Attn: Janice <br />4`I' Floor County City Building <br />South Bend, IN 46601 <br />The following comments are being made concerning some of the items to be heard at the Area <br />Board of Zoning Appeals meeting on Wednesday. December 4, 2013. The absence of <br />comments on any particular item should not be construed to mean that the staff agrees with <br />the request. <br />Variances <br />A variance from any of the development standards of the Zoning Ordinance may only be <br />approved upon the Board of Zoning Appeals making a written determination and adopting <br />appropriate Findings of Fact, based upon the evidence presented at a public hearing, that <br />(1) The approval will not be injurious to the public health, safety, morals and general <br />welfare of the community; <br />(2) The use and value of the area adjacent to the property included in the variance will <br />not be affected in a substantially adverse manner- and, <br />(3) The strict application of the terms of this Chapter would result in practical difficulties <br />in the use of the property. <br />1. Petition of Wharf Partners, LLC. <br />When the current ordinance was developed in 2004, special consideration was given to <br />differentiate the area of the Central Business District west of the river from the area east of the <br />river. A maximum height of 60' was established on the east side of the river to be consistent <br />with the existing structures and character of properties, with taller buildings allowed west of the <br />river. In 2008, the Redevelopment Commission, Area Plan Commission, and South Bend <br />Common Council adopted the East Bank Village Plan, Phase One. The East Bank Village <br />Plan identifies the preferred use for this property as high density mixed -use with illustrations <br />showing a building more consistent with the height of the adjacent Stephenson Mill and <br />Commerce Center buildings, reinforcing the idea of limiting the overall height of development <br />along the East Bank. <br />SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVIL LE, NEW CARLISLE, NORTH LIKE 0.T i 3 � <br />YI OSCE. LA I Y. , RO SFLA ( D I <br />P <br />W WW. STf OSEPHCOUNTTINDIA NA.COM - <br />