Bill No. 69-22 Petition of Z&A for the property 1405 Portage Ave.

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Staff Report—BZA#0145-22 December 5, 2022 Criteria for Decision Making: Special Exception A Special Use 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 site is brought up to the current development standards of the Ordinance, the proposed use should not be injurious to the public health, safety, or general welfare of the community. This portion of Portage Ave. has a mix of commercial and residential uses. With the commercial uses lining the corridor. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values. With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The developme (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent with the character of the district. The corridor has a mix of commercial uses and this use will be consistent in the development standards of the district. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition, with City Plan, South Bend Comprehensive Plan (2006). Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 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 Since this is located in a commercial node, approval of the parking variances should not be injurious to the public health, safety, or general welfare of the community. The variance for reduction of transparency can have a negative impact on the safety of the community as it does not allow for visibility into the store and reduces visibility of the street. (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 Approving the variance for minimum transparency could negative affect property values. Buildings without windows often look abandoned an can contribute to the perception of SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4