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

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Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The approval of the variances should not be injurious to the general welfare of the community. The variances are in line with the vision for site as described in the draft Downtown South Bend Master Plan and will enable the development of the site as a mixed-income neighborhood with a variety of building sizes and amenities. (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, because: The surrounding properties vary extensively in their use and scale. The proposed variances reflect this, and will enable the development of a site that is currently vacant or under demolition orders. The new development would have a maximum of 5 stories, while the existing building to be demolished has 6 stories. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Existing minimum setbacks would not allow responsiveness to existing conditions and would prevent the creation of a new park. The existing maximum building length would prevent a longer residential building at the corner of Taylor and Western and the addition of another story allows for a larger building to match nearby development and address a prominent street with higher density. Retail is also prevented by U3, but would be an asset along Western. (4)The variance granted is the minimum necessary, because: The variances requested will allow for the successful and contextually responsive development of the site for a variety of incomes and family sizes, and are in line with the proposed vision for the site as described in the draft Downtown South Bend Master Plan. The changes requested via variances are the minimums necessary to develop the site based on this vision and the specific challenges of developing mixed-income and mixed-density projects. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The current owner of the site is the Housing Authority of South Bend, and the existing lot for this section of the project is vacant or under demolition order.