NOTICE OF PUBLIC HEARING
PROPOSED VARIANCE
Notice is hereby
given that the Board of Zoning Appeals of the County of Porter, Indiana,
will hold a public hearing on the 15th of July, 2009 at 6:30 p.m. in the
Porter County Administration Center, 155 Indiana Avenue, Suite 205,
Valparaiso, Indiana, to consider the petition of Grand Oaks LLC, c/o Todd A.
Leeth, Hoeppner Wagner & Evans, LLP, 103 E. Lincolnway, Valparaiso, seeking
Variances from the following Sections of the Unified Development Ordinance:
7.21 (B) (3) Reduce the lot area of 160 lots from 11,250 square feet to
5,000 square feet and to reduce the lot area of 71 lots from 11,250 square
feet to 10,500 square feet; 7.21 (B) (4) (C) reduce the lot width of 160
lots from 60 feet to 50 feet; 7.16 (B) (1) Permit three lots to share
frontage on a public street; 7.23 (C) remove the requirement for perimeter
sidewalks; 3.06 (G) (1) (A) (iii) (a) reduce the width of Greenbelt open
space along SR 2 and CR 100 S. from 100 feet to 50 feet; 3.06 (K) (1) (a) (i)
reduce the minimum setback from a primary arterial along SR 2 and CR 100 S.
from 200 feet to 65 feet; 6.06 reduce the perimeter common area from 30 feet
to zero feet; 6.06 reduce the minimum right-of-way from 60 feet to 50 feet
in the three “cluster” areas; 6.06 reduce the minimum street pavement width
from 30 feet to 16 feet for one-way streets, and from 30 feet to 24 feet in
cul-de-sac streets and in the three “cluster” areas; and 7.20 (H) (5) reduce
the stream corridor open space from 75 feet to zero feet, to be located on
the following described property:
EXHIBIT “A”
Legal Description
The Northeast
Quarter of Section 5, Township 34 North, Range 6 West of the 2nd Principal
Meridian, except the following 3 described parcels, to wit: The West 1044.4
feet of the North 1049 feet; the East 673 feet of the North 1553.40 feet;
and the West 341 feet of the East 1014 feet of the North 510.85 feet;
containing less said exceptions 99.848 acres, more or less and also
excepting therefrom the following:
A parcel of land
in the Northeast Quarter of Section 5, Township 34 North, Range 6 West of
the Second Principal Meridian, in Porter County, Indiana, being more
particularly described as follows: Commencing at the Northwest corner of
said Northeast Quarter; thence South 88 degrees 43 minutes 25 seconds East
along the North line of said Northeast Quarter, 1651.39 feet to a point
which is 1014.00 feet West of the Northeast corner of said Northeast
Quarter; thence South 00 degrees 53 minutes 56 seconds West parallel with
the East line of said Northeast Quarter, 510.85 feet; thence South 88
degrees 43 minutes 25 seconds East parallel with said North line, 191.00
feet to the Point of Beginning; thence continuing South 88 degrees 43
minutes 25 seconds East parallel with said North line, 150.00 feet; thence
South 00 degrees 53 minutes 56 seconds West parallel with said East line,
1042.56 feet; thence South 88 degrees 43 minutes 25 seconds East parallel
with said North line, 673.00 feet to a point on said East line of the
Northeast Quarter; thence South 00 degrees 53 minutes 56 seconds West along
said East line, 200.00 feet; thence North 88 degrees 43 minutes 25 seconds
West parallel with said North line, 823.00 feet; thence North 00 degrees 53
minutes 56 seconds East parallel with said East line, 1242.55 feet to the
Point of Beginning.
PARCEL B
The East Half of
the Southeast Quarter of Section 5, and that part of the West Half of the
Southwest Quarter of Section 4, which lies North and West of the highway
commonly called the Valparaiso and Hebron Road (State Road 2) in Township 34
North, Range 6 West of the Second Principal Meridian, in Porter County,
Indiana.
EXCEPT a parcel
of land in the West Half of the Southwest Quarter of Section 4, Township 34
North, Range 6 West of the Second Principal Meridian described as follows:
Beginning at the point of intersection of the East line of the West Half of
the Southwest Quarter of said Section 4, with the center line of State Road
2; thence Northerly to a point in the East line of the West Half of the
Southwest Quarter of said Section 4, said point being 100 feet Northwesterly
of, measured at right angles to the center line of State Road 2; thence
Southwesterly parallel to the center line of State Road 2, a distance of 150
feet; thence Southeasterly at a right angle a distance of 100 feet to the
center line of State Road 2; thence Northeasterly on and along said center
line of State Road 2 to the Point of Beginning.
ALSO EXCEPTING a
part of the West Half of the Southwest Quarter of Section 4, Township 34
North, Range 6 West, Porter County, Indiana, described as follows:
Commencing at the Southwest corner of said Section; thence North 89 degrees
09 minutes 06 seconds East 7.76 feet along the South line of said Section to
the center line of State Road 2; thence North 38 degrees 08 minutes 00
seconds East 1.64 feet along said center line; thence North 36 degrees 42
minutes 00 seconds East 490.20 feet along said center line; thence North 53
degrees 18 minutes 00 seconds West 30.00 feet to the Northwestern boundary
of said State Road 2 and the Point of Beginning of this description; thence
North 22 degrees 39 minutes 50 seconds East 103.08 feet; thence North 36
degrees 42 minutes 00 seconds East 400.00 feet; thence North 48 degrees 00
minutes 36 seconds East 101.98 feet to the Northwestern boundary of said
State Road 2; thence South 36 degrees 42 minutes 00 seconds West 325.00 feet
along the boundary of said State Road 2; thence South 53 degrees 18 minutes
00 seconds East 5.0 feet along said boundary; thence South 36 degrees 42
minutes 00 seconds West 265.23 feet along said boundary; thence along said
boundary Southwesterly 9.78 feet along an arc to the left and having a
radius of 40,003.80 feet and subtended by a long chord having a bearing of
South 36 degrees 41 minutes 35 seconds West and a length of 9.78 feet to the
Point of Beginning.
GENERAL LOCATION:
A parcel of land located on the North side of CR 100 S., 470 feet West of SR
2, in Porter Township, Porter County, Indiana.
Written
suggestions to said proposed zoning amendment may be filed with the
Executive Director of the Porter County Plan Commission before such public
hearing and/or verbal statements relating thereto will be heard at the
above-designated time and place. A copy of the file is available for public
view at the Plan Commission office.
BOARD OF ZONING APPEALS
PORTER COUNTY, INDIANA
Raymond S. Joseph, Jr., Planner
(June 29, 2009)