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Staff Report – BZA#0096-22 January 3, 2022 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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; With proper buffering, the proposed use should 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; The site is currently being used for heavy industrial purposes, and is well established in the neighborhood. The minimal expansion of the footprint of the site to allow for additional fuel and gas tanks should not adversely affect the use of the adjacent areas, provided it is properly screened. The variance for the 10' fence will allow for the additional screening consistent with the existing development. (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 of heavy industry is consistent with the character of the district in which it is located. The site has a been in operation for several years. Allowing the Special Exception will allow for the building to be used in its intended manner. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) (Objective ED2) Retain existing businesses and recruit new ones to the city. Allowing heavy industry use on this site will help retain a business in the city. State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community Approval of the variance should not affect the public health, safety, and general welfare of the community. The use of the 10' fence is not out of character with the industrial area as Franklin Street is used as an Industrial alley with the surrounding businesses having loading areas off the street. (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 Criteria for Decision Making: Special Exception Criteria for Decision Making: Variance(s)