17-37 Special Exception 1502 W. Dunham

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The Special Exception will permit the property to be use as a tavern in a MU Mixed Use District. The Variance for a front yard fence of 7 feet from the required 3 foot maximum height is required because Indiana alcoholic beverage regulations at 905 IAC 1-41-4 require a 6 foot high fence enclosing any outside area used to serve alcoholic beverages. The deck in the rear yard is approximately 1 foot above ground level. The fence on the Harris Street side of the building existed for many years prior to the zoning change was 6 feet high. The Indiana Excise Police required the fence to be raised 1 foot so it is 6 feet from the deck floor. This makes the fence 7 feet high from the ground. Under current zoning requirements, the back yard fronting Harris Street is considered a front yard and current zoning;allows only a 3 foot high fence on a front yard. The Variance for parking is required because there is no on-site off-street parking. The parking lot across Harris Street was the parking lot for the Dunham Inn and is the parking lot for the current bar business. Petitioner owns the lot. Petitioner will sign and record a written commitment to use that parking lot to met the off-street parking requirements. SPECIAL EXCEPTION APPROVAL STANDARDS 1.The approval will not be injurious to the public health, safety, morals and general welfare of the community because: Granting the Special Exception and variances will bring the property into compliance with the MU Mixed Use District requirements. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein because: Petitioner will sign and record a written commitment that no music will be played on the outside deck or anywhere outside of the building premises and that there will be no use of the outside deck after 11:00 p.m. The commitment also will permit use of the adjacent parking lot across Harris Street to satisfy the off-street parking requirements. 3.The proposed use will be consistent with the character of the district in which is located and the land uses authorized therein because: The property is and has been used as a bar/restaurant, formerly under the name "Dunham Inn" for decades prior to Petitioner's ownership. The business is located in a commercial area now zoned for MU Mixed Use. 4.The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because: The business is located in an area zoned for commercial uses.