65-25 Special Exception and Use Variance at 628 Western Avenue

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Staff Report— BZA#0368-25 October 6, 2025 Criteria for Decision Making: Special Exception 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; The proposed uses of a daycare center and retail or service, general will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. There is already a significant amount of retail in the area, and a daycare would provide minimal disruption to the area while helping to provide an essential service for local families. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein. Retail space and a daycare in this area have the potential to increase property values by providing desirable amenities for the neighborhood. These uses would also be situated adjacent to Western Avenue, a major street that already contains similar types of uses and is able to accommodate more. (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 proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein. There are already many commercial uses along Western Avenue, and the retail space could function as a great complement to the adjacent baseball stadium and the existing retail spaces surrounding that. Additionally, the daycare will provide an essential service for parents and their children living in the residential buildings included in this project, as well as others across the city. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed uses are compatible with the recommendations of the Comprehensive Plan, including Policy LU 2.2, which recommends pursuing a mix of land uses along major corridors, and objective ED 2, which is to retain existing businesses and recruit new ones to the city. 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 approval of the variances will not be injurious to the public health, safety, morals, and general welfare of the community. The longer building widths for both the shop and stacked flats buildings will allow for buildings that still fit contextually within this neighborhood on the sot III IiI:NI) BOARD OF ZONING APPEALS Page of