14-18 Rezone- Michiana Auto Sales

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Staff Report 5/4/2018 rezoning and Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking a Special Use to allow: automobile sales A Special Exception may only be granted upon making a written determination based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health,safety,comfort, community moral standards, convenience or general welfare; The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The use would negativley affect adjacent property values by creating an auto oriented use in a district design for pedestrian friendly development. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The approval of the Special Exception Use would be out of character of adjacent area.The zoning if surrounding properties along and across Michigan Street permit uses that are designed to be low intensity and provide for the needs of an urban neighborhood. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed rezoning is inconsitant with City Plan, South Bend Comprehensive Plan (2006)Policy LTD 4: Improve the character of the community's entryways and corridors and Policy ED 7.3: Support neighborhood-based economic opportunities as identified in area-specific plans, specifically the Southeast Neighborhood Master Plan which encourages creating pedestrian-friendly streetscapes along community corridors. The petitioner is seeking the following variance(s): 1) from the required foundation landscaping to none 2) from the required parking lot screening to none 3) from the required interior off-street parking area landscaping to none; 4) from the maximum allowed 4' fence to 6'fence with barbed wire State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health,safety,morals and general welfare of the community; The approval of the variances will not be injurious to the public health, safety,moral and general welfare of the community. (2) The use and value of the area adjacent to the property included in the variance APC 4 2865-18 Page 3 of 4