01-24-2022 Agenda Packet - Laserfiche WebLink

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Staff Report -PC#0082-22 1/18/2022 SOUTH BEND PLAN COMMISSION Page 5 of 6 6) From the 40' minimum setback for the portion of a building in excess of 40' or 3 stories when adjacent to a U1 District to 14' 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 variances should not be injurious to the public health, safety, morals and general welfare of the community. The property is located along a heavily trafficked state highway appropriate for the size and length of the proposed building. Design considerations have been taken into account to meet the intent of the zoning ordinance for each of the variances. (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 areas adjacent to the property should not be affected in a substantially adverse manner. None of the variances proposed should negatively impact the surrounding properties. Development of the currently vacant property should help the use and value of surrounding properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The site geometry, constrained access, and existing major utilities through the site create practical difficulties for the property. The width of the street, as well as the volume of traffic along the corridor, increases the difficulties of developing the site. The parking variance is unique to the NNZO. With multiple street frontages, it is difficult to locate parking in location that would exclusively be behind the building. The maximum setback variance is only required until the second commercial building to the north is built. The side setback variance was intended to protect neighboring buildings, ensuring adequate room between buildings for maintenance, but the side on this property is an alley. The practical difficulty for the setback of the 4th story is a matter of timing.The current planning process is showing this area as a higher intensity use which wouldn’t require the building to step down. (4) The variance granted is the minimum necessary. The proposed development is consistent with the intent of the NC District and the Zoning Ordinance. The building was designed to meet the intent of all zoning standards, even though the site geometry and strict application of the Ordinance necessitates several variances. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The shape of the property and the width of the adjacent right of way was not created by the current or previous owner. Commitments: There are no written commitments proposed. Analysis: The Northeast Neighborhood has seen significant investment and growth over the past decade. This investment has produced a significant demand and interest in more housing units. The State's rerouting of State Road 23 lead to the property in question being no longer suitable for single family housing as the majority of lots lack true street frontage. Large utility easements Analysis & Recommendation