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Staff Report – BZA#0081-21 October 4, 2021 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 The proposed variance should not affect the public health, safety or general welfare of the community. The proposed variances are for portions of the site not visible from public right- of-way. All buildings will be designed to current building and fire codes. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner The use and value of the adjacent properties should not be adversely affected by the variance to allow the interior buildings to exceed 120' maximum width. This is a primarily commercial, mixed-use, and multi-family residential area. The proposed development is consistent with the surrounding area. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the ordinance would make it difficult to develop the interior portion of the sign in a way that allows an adequate mix of parking and residential units. The largest building interior to the lot surrounds a parking garage and will not be visible from the public right-of-way. (4) The variance granted is the minimum necessary The variance requested is based on the interior building, which is designed around a parking garage. The buildings adjacent to the public right of way have been designed to comply with the ordinance. (5) The variance does not correct a hardship cause by a former or current owner of the property The hardship is generally created by the overall size of the parcel. The proposed variance will allow the efficient development of the site without impacting the portion of the site visible from the public street. Analysis: Allowing the proposed use of Shared Housing will further the ability to redevelop the site and add investment to the area. The site is currently used as student housing in a development nearing the end of its life cycle. The proposed use will lead to a large investment into the area without significantly changing the current land use. The redevelopment will bring this 11 acre parcel into compliance with the updated development standards established in the current Zoning Ordinance. Approving the variance for the interior portion of the site will allow for more flexibility in design and support the construction of a garage to support the increased density. By maintaining code compliant buildings on the interior of the lot, the development reflects the intent of the Ordinance to the general public. Staff Recommendation: Based on the information available prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. The staff recommends approval of the variance for buildings not fronting on a public street. Analysis & Recommendation