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(b) The use and value of the area adjacent to the property included in the variance will not be affected in a <br />substantially adverse manner; and: The requested parking variance will have no adverse affect on the use <br />or value of adjacent areas. <br />(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the <br />property: The Zoning Ordinance requires I parking space per 400 square feet of gross floor area for <br />"veterinary hospitals, animal kennels, and pounds. " The Ordinance does not carry provisions for a <br />business operating solely as an animal kennel, which requires significantly less parking. Therefore, the <br />strict application of the Ordinance imposes practical difficulties in the use of the property. <br />IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): <br />1) A detailed description and purpose of the Special Exception Use(s) being requested: We are requesting a <br />Special Exception use to allow an Animal Kennel with Outdoor Runs. Outdoor runs will provide a much - needed and <br />desireable service to the community, in addition to further contributing to the City's tax base through greater tax <br />revenue and increased property value. <br />2) A statement on how each of the following standards for the granting of a Special Exception Use is met: <br />(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, <br />convenience or general welfare: The proposed Animal Kennel with Outdoor Runs will not be injurious to <br />the public health, safety, comfort, community moral standards, convenience or general welfare. The <br />animals will be fully contained within a fenced play area with staff supervision at all times. The outdoor <br />play area will be screened on all sides by a 6 foot privacy fence as well as mature landscaping along the <br />property lines. Furthermore, the outdoor play area is not located near any public land or right -of -way. <br />(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values <br />therein: The proposed use will not adversely affect the use of the adjacent area or property values. The <br />outdoor play area will be contained by a 6 foot privacy fence along with significant landscaping along <br />the property boundaries to mitigate any visual impacts. Animals playing outside will be supervised at all <br />times and outdoor access will be monitered. There will NOT be any 'doggy doors' allowing animals to go <br />in an out as they please. Furthermore, animals will not be allowed outside during nighttime hours; only <br />daytime outdoor use is proposed. The residential property owner to the east of the subject property is in <br />support of the proposed business. <br />(c) The proposed use will be consistent with the character of the district in which it is located and the land <br />uses authorized therein; and: The proposed use will not alter the character of the district in which the <br />property is located. The property is currenity zoned for commercial uses and will continue as such. An <br />Animal Kennel would be allowed by right; the request is simply to allow supervised outdoor access to <br />expand business services for the community. <br />(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive <br />Plan. The proposed use will support the City of South Bend Comprehensive Plan's land use goal to ensure <br />a "compatible mix of land uses in the community. " The proposed use also supports the City's economic <br />development goal to 'promote a healthy and diversified economy that fosters a competitive business <br />environment and offers opportunities for employment and entrepreneurship. " <br />* In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary <br />Site Plan included with this petition. <br />CONTACT PERSON: <br />Ty Robbins <br />1250 Galapago Street, Apt. 408 <br />Denver, CO 80204 <br />