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Staff Report – BZA#0081-21 October 4, 2021 <br />SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 <br /> A Special Exception may only be granted upon making a written determination, based <br />upon the evidence presented at a public hearing, that: <br />(1) The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br />The proposed use should not be injurious to public health, safety, or general welfare of the <br />community. The site is well suited for Shared Housing as it is near to the Notre Dame <br />campus. This site is currently being used for student rentals, with the majority of the units <br />occupying more than 2 unrelated individuals. The demolition of the current older units for <br />new apartments used in a similar manner should not have an injurious impact on the <br />general welfare of the community. <br />(2) The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br />The proposed use will lead to a large investment in a property which is nearing the end of its <br />forecasted life cycle. The proposed use of Shared Housing is consistent with the use <br />currently on the site. Developed in compliance with the ordinance, the proposed <br />development will allow reinvestment in the property, which should not adversely impact use <br />or value of surrounding properties. <br />(3) The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br />The proposed use of Shared Housing is consistent with the character of the surrounding <br />area which has a large presence of existing apartments and student rentals. The <br />redevelopment of the site will further bring the property inline with the new zoning standards <br />in place since 2020. <br />(4) The proposed use is compatible with the recommendations of the Comprehensive <br />Plan. <br />The proposed use is compatible with the Comprehensive Plan. The Comprehensive Plan <br />recommends "Encourage residential developments to contain a mix of housing types, <br />densities, price ranges, and amenities. (Policy H1.1) This proposed development is in line <br />with the recommendation from the Comprehensive Plan by helping establish a mix of <br />housing types across several different size options ranging from studios to four bedroom <br />apartments. <br />State statutes and the Zoning Ordinance require that certain standards must be met before a <br />variance can be approved. The standards and their justifications are as follows: <br />(1) The approval will not be injurious to the public health, safety, morals and general <br />welfare of the community <br />Criteria for Decision Making: Special Exception <br />Criteria for Decision Making: Variance(s)