83-23- 603, 607, 611, 615, 617, 619, and 621 West Marion Street

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Staff Report -PC#0151-23 12/18/2023 Plan Implementation/Other Plans: The petition is consistent with the South Bend City Plan (2006) H 1.1 Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. 2. Current Conditions and Character: The parcels are currently vacant at this site and the sites directly to the south. Residential properties line the parcels to the east and north. South and west, Lincoln Way West is a mix of residential structures and a wide variety of nonresidential uses. 3. Most Desirable Use: The most desirable use is one that supports the neighborhood through infill to increase housing stock and promote a mixed use and pedestrian scale outcome. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. Development at this site will increase housing stock and create a denser, safer neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow for the infill development in this neighborhood along a major city corridor. Variance(s) The petitioner is seeking the following variance(s): 1) from the maximum 1.5 stories in a cottage court to 2 stories 2) from the maximum 9 units in a cottage court to 10 units 3) from the maximum 2 units per cottage in a cottage court to 4 units 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 approval of variances 1, 2, and 3 should not be injurious to the general welfare of the community. These variances allow for higher density development that is consistent with the character of the neighborhood. (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. The use and value of the area adjacent to the property should not be affected in a substantially adverse manner. The development will be consistent with the character of the neighborhood and will not have a greater impact than a use that would have been permitted in an NC zoned district. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. A higher density cottage court on this irregularly shaped parcel would more closely reflect the character of the surrounding neighborhood and support more housing stock in a parcel along a major city corridor and proximate to the downtown area. (4) The variance granted is the minimum necessary. The intent in NC zoned districts is to develop higher intensity urban neighborhood centers. Rezoning to U3 with variances to allow for a higher density cottage court is the minimum necessary because the higher density cottage court preserves the character of the neighborhood and supports greater housing stock in a parcel that was previously zoned NC. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. SOUTH BEND PLAN COMMISSION Page 4 of 5