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

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Filed in Clerk's Office 0(;I n q 2022 Staff Report— BZA#0134-22 DAWN M.JONES October 3. 2022 CITY CLERK,SOUTH BEND, IN (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 area adjacent to the property should not be affected in a substantially adverse manner. The site has existed in this layout since the 1960s. While parking in the established front or corner yard is not preferred, the proper parking area screening and site landscaping should reduce any negative impact on the surrounding properties use and value. (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 require the building to be demolished and relocated in order to allow access and parking in a different configuration. The addition of landscaping, however, could easily be accomplished. (4) The variance granted is the minimum necessary The variance for parking location is the minimum necessary to operate the intended use in a reasonable manner. Though parking is not required, providing some off-street parking would be practical for the business. There is no practical difficulty for the requested landscaping variances. There is more than (5) The variance does not correct a hardship cause by a former or current owner of the property This site has been in this configuration since the 1960s. The Zoning regulations at the time did not prohibit parking in the front yard. Variance#1 is not correcting a hardship caused by the current owner. There are remedies that would allow the petitioner to install the proper landscaping. Analysis & Recommendation Analysis: 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. Approving a variance to allow parking in the established front and corner yard will allow for the reuse of the existing building without forcing a reconfiguration of the site. To mitigate the impact of the parking variance, it is important to enforce the landscaping requirement. The site contains no practical difficulties that would prevent the installation of the appropriate landscaping for the site. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Staff recommends the Board approve Variance#1 to allow parking in the established front and corner yards subject to no outdoor storage, and deny Variances 2 and 3. 1/4.4)t IIII I ''.I) BO,‘IRDOF !O\I\G U'PII 8,LS I'au. 4 ,)I4