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Staff Report – BZA#0096-22 January 3, 2022 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Because site is located in an industrial area and the variance is to allow for the relocation and extension of an existing fence, the use and value of the adjacent properties should not be adversely affected. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the ordinance would not allow for the installation of a new tank that would support the expansion of an existing building. The placement of the tank is heavily regulated by the safety code and the ability to refuel the tankers. (4)The variance granted is the minimum necessary The proposed layout has been designed so as to require the minimum variance necessary and to have the least amount of impact on adjacent property owners while still expanding the existing use. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance does not correct a hardship caused by a former or current owner. The design of Ignition Park was developed under previous development standards that allowed the buildings to be placed with the rear of the building facing Franklin Street. This has created a style of development that has resulted in Franklin functioning more like an alley than a street. Analysis: The proposed Special Exception to allow for the expansion of a heavy industry use is consistent with the character of the district in which it is located. The site has been in operation for several years. The Special Exception will allow for the expansion of the current use and improve current operations, allowing the operations to remain in South Bend. The proposed variances will provide the appropriate space for the new tanks within the constraints of a limited site. The increased fence height is necessary for screening and security. While Franklin Street is technically the front, it serves as an industrial alley with the true front of the building facing west. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. The staff recommends approval of the variances as presented. Analysis & Recommendation