01-23-2023 Common Council Agenda and Committee Meeting Notice Packet

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Staff Report—BZA#0139-22 January 3, 2023 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; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The building has been designed for automotive services for several decades. All the vehicle service activities occur within the fully enclosed building. There are not hazardous materials being used or fumes created by this particular automotive service. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Since all the vehicle service activities occur with the fully enclosed building, approval of the Special Exception should not injure or adversely affect the use of the adjacent area. 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 Neighborhood Center Zoning District encourages pedestrian orientated development. The use of Minor Vehicle Service is an 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 the building in a manner that is sympathetic to the surrounding neighborhood is consistent with the character of the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) Objective ED1: Stimulate the rehabilitation and adaptive reuse of property in the City. Analysis & Recommendation Analysis: Granting the Special Exception will allow for the reuse of a building that was originally built for automotive purposes. Although the Neighborhood Center Zoning District outlines pedestrian orientated development, the use of Minor Vehicle Service is an allowed Special Exception in the district for such instances. With some minor landscaping improvements, the building can be reactivated in a way that works well with the surrounding area. Staff Recommendation: Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office JAN 0 4 2023 D}.vvrr M JONES SOUTH B[:'ND BOARD OF ZONING APPEALS CITY CLEHO3 TgitEND,IN