07-25-11 Council Agenda & Packet

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Although the petitioner is currently,proposing:that. only 7 dogs be permitted upon the property, the approval of this special use could potentially result in a full fledged kennel operation for`ariy subsequent owner. `SuCh an'operation would tae inc ornpa'fible En this primarily residential area. (2) The proposed use will not injure or adversely pf e 3t t o use f the q jpra ht sxrep r :�?rop�rty value- thefel►2? ;,, . - - ._, ,; � : . .,. . I .:, r _,� The proposed use as a kennel would negatively affect both the residentia.l_use.and property values of the adjacent. especially since all the requiredsetbecks cannot be met, The dogs have already caused an adverse effect within,the area since this petition was submitted after a complaint was filed by a neighbor, (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; f A kennel use,,,on;only a 3.5 acre-,parcel°in o.re'sidential area is not donsist6nt with the character of the area and the adjacent land uses. (4) Theproposed use is-- Compatible with. the recorr,mendotions of the -Comprehensive Plan. :it _ he9#Com "t� pnsive t?lin for; outhendid5t.: ,9ose hro > f , Tn`1�rnor f A `n1,r2002 doµes not�have trspeoiflc`-recomme`ri 61hion.for this parcel'. 4, In conjunction with the unfavorable rocomm'endation for the proposed use, the staff is recommending denial of the proposed variances. if the Board desires to forward this to the Council with a favorable or no recommendation, Staff recommends that the approval be subject to a commitment restricting the number of dogs. 17. The petition of Stacie Davis. The staff recommends the petition for a Special Use be sent to the City of South Bend Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare; The proposed use to apply permanent makeup is only one of the services available at this salon and day spa. The use will be similar to any other salon or day spa operating in the city. (2) The;proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Since the use will not be advertised or operate like a traditional tattoo parlor and is located in primarily a commercial area, the use is not anticipated to negatively affect the use or values of the adjacent area. (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 surrounding area is primarily commercial with the exception of the church to the northwest, which is zoned CB Community Business District. Adjacent commercial land uses include financial institutions, medical offices, grocery stores,,fast foot restaurants, and other retail establishments. The proposed-use is consistent with these existing .j adjacent uses, and the other permitted uses allowed within CB Community Business District, SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND WW W.S T)OS EPH C 0 U NTY IND I ANA.C OM