18-56 Petition of the Area Board of Zoning Appeals for the property located at 340 E Colfax Ave

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This requirement is in the Ordinance, but it as envisioned for buildings being placed along major public streets. This site has Ghttz Avenue as the public street. The owners are presently in discussions to decide whether to vacate a portion of this public street which would have it end at the south line of of the lot containing the Stephenson Mills Apartment building. If that happens the requested variance would not be needed. But as of now this public street exists and the buildings proposed are visible from it. To be conservative it was decided to request the variance now. The requested variances should not have a detrimental effect on the public's health, safety or welfare. (c) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The proposed project will be used as a public park. The site presently is used as a park. Approval of the requested variances for this project should not adversely affect any surrounding property. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: In this case, the Petitioners would note that they have attempted to mitigate the proposed variance for the side yard building setback They believe their solution does meet the intent of the City's Ordinances. For the height of the faVade visible from the public street, the Petitoners believe they have explained the uniqueness of the site and the placement of the buildings. They have also noted that at a point in the future a portion of the public street may be vacated which would make the one variance un- necessaty. This small side street is used minimally by the public. The Petitioners do not believe approval of any requested variance in this Petition will have a negative impact on any surrounding property or be detrimental to the existing neighborhood. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s) being requested : Private Hydro-dam Electric Utility Facility. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The placentent of the proposed facility will be beneath the proposed iniproventenis for Seitz Park as shown on the attached site plan. This proposed facility is intended to supply additonal electric power to the Unitsity of Notre Dame Campus as a sustainable supply of clean power. The placement of the facility should have no deterintentrial effect on the public, community or surrounding properties. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: As mentioned above, the proposed facility will be placed under the proposed park improvements. This use is compatible with its location to the St. Joseph River. Its placentent should not have an adverse affect on the proposed park improvements, or the adjacent mired uses of contmercial facilities, and residential uses or the East Race Waterway. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: The proposed private hydro-dam electric facility is consistent within the district as the site is located along the St.Joseph River. This is needed to supply the proposed use with the resource to run the facility. This 1}pe of use is typically located along a waterway curd specially-where there already is an existing dam structure. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is not specifically noted in the City's Comprehensive Plan, but due to the type of use, its location would most likey be considered appropriate for the City Plan. This use is consistent with the historical use of this section of the St.Joseph River to supply energy to the nearby entities. * In the case of a Special Exception Use,the petitioner shall be held to the representations ma e on°tlWe k6'lirh-inar° Site Plan included with this petition. SEP I 42018 i I