Bill No. 69-22 Special Exception at 1405 Portage Ave

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Staff Report—BZA#0145-22 December 5, 2022 blight in the area. With proper buffering, the variance for parking in the front yard should not adversely affect surrounding properties. 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 window cavities appear to still be in place, which should eliminate any practical difficulty from reestablishing the proper transparency on the building. 4) The variance granted is the minimum necessary Provided the parking area is configured to meet current design standards and any excess pavement is removed, the variance should be the minimum necessary to allow for operation of the site. The variance requested for the transparency is not the minimum necessary since the windows can easily be reinstalled. 5) The variance does not correct a hardship cause by a former or current owner of the property The building was developed prior to standards that promoted street activation and pedestrian scaled design. The hardship for the building location was not created by the owner. The building, however, was designed with a large amount of windows that would meet or exceed the current Ordinance. They have been covered over time by previous owners and could easily be restored to meet the intent of the district. Analysis & Recommendation Analysis: With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The development standards of the NC Neighborhood Center district should be applied to the property to help mitigate any impact on the surrounding neighborhood. This property is located at a commercial node along Portage Avenue. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the petition to the Common Council with a favorable recommendation. The Staff recommends the Board approve variance#1 for parking in the established front yard, subject to meeting current development standards for off street parking and removing any excess pavement. The Staff recommends the Board deny variance#2. F i! ffice DEC o 6 ZOZZ DA\;\, M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 4 of4