Bill No. 25-23 Rose Mwangi Use Variance at 1436 Bowman District No. 3

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Staff Report— BZA#0200-23 June 5, 2023 Criteria for Decision Making: Use Variance A Use Variance 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 parcel is currently vacant. The use would put the property back to a productive use, and should not be injurious to the public health, safety, or general welfare of the community (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; As the current land is vacant, the proposed use should not have any more adverse affects than the current situation. The site is large enough to provide adequate space for the desired use. (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 strict application of the terms of the zoning ordinance would not allow for the use to take place in any district except as a Special Exception in C Commercial and I Industrial. Neither zoning would be appropriate for the proposed property. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The approval of the desired Use Variance does not substantially interfere with the Comprehensive Plan. The use would help achieve Objective ED7 "Support neighborhood- based economic development" by allowing for the creative use of vacant lots within the neighborhood. 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 The proposed variance may impact the general welfare of the community by allowing chickens to be kept on a property without a one or two unit dwelling. (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 Allowing chickens on a lot without a dwelling could adversely affect the use and value of the adjacent properties. Granting the variance could set a precedent for more in the area, thus affecting the value of the adjacent properties. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4