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Bill No. 51-22 Petitioner seeking s Special Exception for Vehicle Service
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Bill No. 51-22 Petitioner seeking s Special Exception for Vehicle Service
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12/7/2022 2:08:47 PM
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Staff Report— BZA#0134-22 October 3, 2022 <br /> Criteria for Decision Making: Special Exception <br /> A Special Exception may only be granted upon making a written determination, based upon <br /> the evidence presented at a public hearing, that: <br /> (1) The proposed use will not be injurious to the public health, safety, comfort, <br /> community moral standards, convenience or general welfare; <br /> Provided the proper landscaping and screening are installed, the proposed use should not <br /> be injurious to the public health, safety, comfort, or general welfare of the community. The <br /> site development standards in the Ordinance are established to limit potentially negative <br /> impacts on the surrounding properties. <br /> (2) The proposed use will not injure or adversely affect the use of the adjacent area or <br /> property values therein; <br /> As the property was initially constructed for the proposed use, approval of the Special <br /> Exception should not injure or adversely affect the use of the adjacent area, provided the <br /> appropriate landscaping and buffering is installed. <br /> (3) The proposed use will be consistent with the character of the district in which it is <br /> located and the land uses authorized therein; <br /> While the Neighborhood Center Zoning District encourages pedestrian orientated <br /> development, the use of Major Vehicle Service is an allowed Special Exception in the district <br /> for instances such as this where the original intent of the building was for an automotive <br /> repair shop. Activation of a currently vacant building to its original use is consistent with the <br /> character of the district and surrounding area. <br /> (4) The proposed use is compatible with the recommendations of the Comprehensive <br /> Plan. <br /> The Kennedy Park Neighborhood Plan (2022) makes no specific mention of this use. The <br /> proposed use is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation <br /> and adaptive reuse of the property in the city. <br /> Criteria for Decision Making: Variance(s) <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 /> Approval of Variances should not be injurious to the public health, safety and general <br /> welfare of the community. These variances allow for the building to be used for its original <br /> intent. To help mitigate any potential impact on the general community, proper parking area <br /> screening and site landscaping should be upheld. <br /> SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 <br />
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