19-01 Special Exception: 3602 West Sample Street

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LAWRENCE P. MAGLIOZZI LXLCU 11V1. UIRFCTOR Angela M. Smith h.pu . Ulr/C(Cr AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFI:RSON BLVD., ROOM 1130 COUNTY-CITY BUILDING, SOUTH BEND, INDIANS 36601 (3731 133-9171 MEMORANDUM DATE: December 28, 2018 FROM: Jordan Wyatt,Planner SUBJECT: January 9,2019 Area Board of Zoning Appeals Hearing Special Exception/Special Use A special exception use/special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, 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; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 4.Petition of Jupiter South Bend,LLC Based on information available prior to the public hearing,the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation.The staff recommends denial of the variance from the required perimeter yard landscaping in the front and from the required foundation landscaping. (1) The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare. Locating the proposed use in an industrial area should not be injurious to the public health,safety,or general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Preserving the façade of the building and installation of landscaping will provide screening to prevent negative affects on the use or value of the adjacent property values. (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 proposed use is consistent with the character of the GI General Industrial District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N