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Staff Report— BZA#0289-24 October 7, 2024 <br /> Criteria for Decision Making: Special Exception <br /> A Special Exception may only be granted upon making a written determination, based upon <br /> the evidence presented at a public hearing, that: <br /> (1) The proposed use will not be injurious to the public health, safety, comfort, <br /> community moral standards, convenience or general welfare; <br /> Approval of the use may be injurious to the health, safety, moral sand general welfare of the <br /> community. The one unit dwelling was converted without proper approval to a two unit <br /> dwelling and substantial work was done to the exterior and interior of the building without <br /> permits or approval by the relevant departments. <br /> (2) The proposed use will not injure or adversely affect the use of the adjacent area or <br /> property values therein; <br /> The proposed use may injure or adversely impact the use and value of adjacent properties <br /> as the one unit dwelling was converted without proper approval to a two unit dwelling. The <br /> porch was demolished, exterior stone was removed, windows and roof were replaced, and a <br /> second door was added without appropriate permits or review. <br /> (3) The proposed use will be consistent with the character of the district in which it is <br /> located and the land uses authorized therein; <br /> A two unit dwelling could be contextually appropriate given the mixed use nature of the <br /> surrounding neighborhood and the range of proximate zoning districts including NC <br /> Neighborhood Center, OF Urban Neighborhood Flex, and a stretch of U2 Urban <br /> Neighborhood 2 parcels along Sample Street to the south. However, preliminary review is <br /> necessary to ensure that a converted two unit dwelling will be consistent with the built form <br /> of the surrounding neighborhood, and this property has been converted without initial staff <br /> review or permits. <br /> (4) The proposed use is compatible with the recommendations of the Comprehensive <br /> Plan. <br /> A well converted two unit dwelling is consistent with the City Plan, South Bend <br /> Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to <br /> contain a mix of housing types, densities, price ranges, and amenities. In its current state, <br /> the converted two unit dwelling does not meet Objective H 2: Maintain South Bend's housing <br /> stock in good condition. <br /> SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 <br />