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Staff Report—BZA#0200-23 June 5, 2023 <br /> (3) The strict application of the terms of this Chapter would result in practical <br /> difficulties in the use of the property <br /> The strict application of the Ordinance would not result in practical difficulties in the use of <br /> the property. The urban agriculture use is not impacted by not having chickens on the site. <br /> In fact, the area required for the chicken coop and pen would reduce the amount of space <br /> that could be utilized for the urban agriculture use. <br /> (4) The variance granted is the minimum necessary <br /> Since there is no practical difficulty to overcome, the variance requested is not the minimum <br /> necessary. <br /> (5) The variance does not correct a hardship cause by a former or current owner of <br /> the property <br /> There is no hardship on the property to correct. The desire for chickens on a lot without a <br /> one or two unit dwelling is self-created. <br /> Analysis & Recommendation <br /> Analysis: Granting the Use Variance for Urban Agriculture will allow for the adaptive reuse of <br /> the vacant lot at this location. Approving the variance for chickens on a lot without a one or two <br /> unit dwelling would set a precedent whereby allowing owners of chickens to not live on site and <br /> tend the chickens. <br /> Staff Recommendation: Based on the information provided prior to public hearing, the Staff <br /> recommends the Board send the Use Variance to the Common Council with a favorable <br /> recommendation subject to the site adhering to the required U1 Urban Neighborhood 1 building <br /> setbacks. <br /> Filed in Clerk's Office <br /> JUL 0OU6 2013 <br /> CITY CLE K S �H BEND IN <br /> SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 <br />