22-20 Special Exception: 817 Elmer Steert (Daycare)

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Staff Report—BZA#0013-20 June 8, 2020 Criteria for Decision Making: Special Exception The petitioner is seeking a Special Use to allow: a Day Care Center in a U1 Urban Neighborhood 1 District A Special Use 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 addition of a small scale Day Care Center will not be injurious to the public health, safety, morals and 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; The Day Care Center will be managed in a way that is concurrent with the residential character of the neighborhood in which it is embedded. Provided the center retains the existing character of a traditional single family house, it should not affect the surrounding properties in a substantially adverse manner. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; Day Care Centers are not out of character with the S1 Suburban Neighborhood 1 Districts. This Special Exception is needed because the owner will not live on the premises. The owner has demonstrated a willingness to manage the property by providing needed repairs to the structure and continue to keep the property consistent with its former use as a single family home. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. This petition is consistent with the City Plan, South Bend Comprehensive Plan, Objective ED 7: Support neighborhood-based economic development. A Day Care Center is a good example of neighborhood development and redevelopment such as this Day Care Center as long as it is in character with the neighborhood. Analysis & Recommendation Analysis: Permitting a Day Care Center imbedded in a neighborhood but also near a primary arterial street will provide easy access for parents seeking childcare for their children. Staff Recommendation: Based on the evidence available prior to the public hearing, the staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3