86-23 Special Exception at 3001, 3011 and 3015 West Western Avenue

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Staff Report - BZA#0245-24 January 2, 2024 A Special Exception 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; Provided the building is brought up to NC building standards, the proposed use should not be injurious to the public health, safety, comfort, or general welfare of the community. The site development standards in the Ordinance are established to limit potentially negative impacts on the surrounding properties. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Western Avenue is a long established mixed use corridor. The building was utilized to accommodate commercial vehicle repair from 1985 until 2017. The approval of the Special Exception should not injure or adversely affect the use of adjacent area, provided the building is brought up to NC building standards. (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 building was originally constructed for window manufacturing, and was then used as a commercial vehicle service station from the mid 1980s until 2017. The NC Neighborhood Center District allows this as a Special Exception in order to evaluate the appropriateness in specific areas. At this location, the reactivation of the vacant building to its original use is consistent with the character of the district and surrounding area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The plan is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation and adaptive reuse of the property in the city 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 variance #1 may be injurious to the general welfare of the community. The low transparency does not meet the intent of the Ordinance to create pedestrian oriented buildings in the NC district that appropriately address the street. The approval of variance #2 should not be injurious to the general welfare of the community. The parking lot will be built to all development standards and serve as an accessory use to the minor vehicle repair. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 5