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Bill No. 21-22 Amending the Zoning Ordinance for 1102,1106,1110,1114,1118,1122, and 1130 McCartney
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Bill No. 21-22 Amending the Zoning Ordinance for 1102,1106,1110,1114,1118,1122, and 1130 McCartney
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Last modified
8/24/2022 12:23:05 PM
Creation date
6/22/2022 5:01:04 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
6/27/2022
Ord-Res Number
Ord. 10857-22
Bill Number
21-22
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Staff Report -PC#0102-22 6/21/2022 <br /> 2. Current Conditions and Character: <br /> The current character of the area is a mix of residential properties, vacant land and industrial <br /> uses in close proximity to a commercial corridor along Portage Avenue. <br /> 3. Most Desirable Use: <br /> The most desirable use is one that allows for the reuse of the building in a manner that is <br /> compatible with the surrounding residential area. <br /> 4. Conservation of Property Values: <br /> The proposed rezoning should not negatively impact the surrounding properties. Downzoning <br /> the portion of the site that is currently zoned I Industrial should help protect the use and value <br /> of the surrounding properties by limiting the intensity of the use. <br /> 5. Responsible Development and Growth: <br /> It is responsible growth and development to redevelop the existing building for a use that can <br /> serve the neighborhood and surrounding area. <br /> Variance(s) <br /> The petitioner is seeking the following variance(s): <br /> 1) from the 60% minimum transparency to 0% <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 /> The variance to reduce the amount of transparency in this location will not affect the health, <br /> safety or general welfare of the community. The site is isolated at the end of a dead-end <br /> street. The site is a former industrial building in which transparency wouldn't be required. <br /> (2) The use and value of the area adjacent to the property included in the variance will <br /> not be affected in a substantially adverse manner. <br /> The change in transparency should not affect the use or value of the adjacent properties. The <br /> property is at the end of a dead-end street with the property immediately across from this <br /> building being zoned Industrial. <br /> (3) The strict application of the terms of this Chapter would result in practical <br /> difficulties in the use of the property. <br /> Strict application of the Ordinance would limit the interior use of the building and require <br /> windows that would overlook an industrial site. <br /> (4) The variance granted is the minimum necessary. <br /> This is an adaptive reuse of an industrial area. The portion of the building adjacent to the <br /> street will be the gym. The west side of the building will have improvements that incorporate <br /> more windows and activity. <br /> (5) The variance granted does not correct a hardship caused by a former or current <br /> owner of the property. <br /> The dead-end street and location across from industrial are hardships not created by the <br /> property owner. <br /> Analysis & Recommendation <br /> Commitments: There are no written commitments proposed for this property. <br /> SOUTH BEND PLAN COMMISSION Page 4 of 5 <br />
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