Bill No. 51-22 Petitioner seeking s Special Exception for Vehicle Service

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Staff Report— BZA#0134-22 October 3, 2022 Criteria for Decision Making: Special Exception A Special Exception 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; Provided the proper landscaping and screening are installed, the proposed use should not be injurious to the public health, safety, comfort, or general welfare of the community. The site development standards in the Ordinance are established to limit potentially negative impacts on the surrounding properties. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; As the property was initially constructed for the proposed use, approval of the Special Exception should not injure or adversely affect the use of the adjacent area, provided the appropriate landscaping and buffering is installed. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While the Neighborhood Center Zoning District encourages pedestrian orientated development, the use of Major Vehicle Service is an allowed Special Exception in the district for instances such as this where the original intent of the building was for an automotive repair shop. Activation of a currently vacant building to its original use is consistent with the character of the district and surrounding area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Kennedy Park Neighborhood Plan (2022) makes no specific mention of this use. The proposed use is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation and adaptive reuse of the property in the city. Criteria for Decision Making: Variance(s) 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 Variances should not be injurious to the public health, safety and general welfare of the community. These variances allow for the building to be used for its original intent. To help mitigate any potential impact on the general community, proper parking area screening and site landscaping should be upheld. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4