SUBTITUTE Bill No. 36-22 Amending The Zoning Ord. For Property Located 300 St. Louis Blvd.

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Staff Report-PC#0112-22 10/17/2022 Plan Implementation/Other Plans: The petition is consistent with The Howard Park Neighborhood Plan (2012), which encourages an increase of residential opportunities in the neighborhood, specifically "Preferred Direction#4 Promote the continuation of historic density, street patterns and open space." 2. Current Conditions and Character: The neighborhood is currently evolving to a medium density residential area with a mix of dense single family homes, duplexes, and townhouses. 3. Most Desirable Use: The most desirable use, at this time, is medium density residential, that will fit the established character of the neighborhood. 4. Conservation of Property Values: Allowing this property to add units should help continue the residential growth in a reasonable manner while providing diverse housing options in a desirable neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow property owners to divide lots in a manner that follows the natural terrain of the site. tVariance(s) The petitioner is seeking the following variance(s): 1) From the 5' minimum side setback for parking to 0' 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. The approval should not be injurious to the public health, safety, morals or general welfare of the community. The variance is due to the creation of the new subdivision. The parking already exists and is remaining unchanged. 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 are should not be affected in a substantially adverse manner. There is a substantial grade change between the existing parking and the adjacent lot. The property most impacted by the variance is the southern property owner whom is acquiring this portion of the lot and fully aware of the condition. 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 zoning ordinance would either require the loss of parking spaces for the current office use on the site or prevent the transfer of property for orderly development to the south. 4)The variance granted is the minimum necessary. The variances requested are the minimum necessary to allow for the subdivision to be approved. 5)The variance granted does not correct a hardship caused by a former or current owner of the property. While the practical difficulty is being created by the desire to incoprporate this portion of the lot with the adjacent lot, it is a reasonable request to allow appropriate development on the southern lot. SOUTH BEND PLAN COMMISSION Page 4 of 5