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Staff Report— BZA#0372-25 October 6, 2025 <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 this Special Exception should not be injurious to the public health, safety, <br /> morals, and general welfare of the community. Outdoor recreation and entertainment are an <br /> essential piece to any downtown area and the activity there should make it safer for all <br /> residents. <br /> (2) The proposed use will not injure or adversely affect the use of the adjacent area or <br /> property values therein; <br /> Outdoor entertainment and recreation should not injure or adversely affect the use of the <br /> adjacent area or property values; the use is activating a mostly vacant parcel to feature <br /> several activities, drawing more people to the downtown and improving the area around it. <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 /> The proposed use will be consistent with the character of the district in which it is located. <br /> The Downtown Zoning District calls for a variety of high-intensity urban uses. The proposed <br /> use falls within this description. <br /> (4) The proposed use is compatible with the recommendations of the Comprehensive <br /> Plan. <br /> The proposed use is compatible with the Northeast Neighborhood Plan (2022). The plan <br /> calls for active mixed-use on the lot. While this is not the full implementation of the plan; the <br /> entertainment/recreation, outdoor, would fit within that mixed-use concept in the future. <br /> Criteria for Decision Making: Variance(s) <br /> State statutes and the Zoning Ordinance require that certain standards must be met before a <br /> variance can be approved. The standards and their justifications are as follows: <br /> (1) The approval will not be injurious to the public health, safety, morals and general <br /> welfare of the community <br /> The approval should not be injurious to the public health, safety, morals, and general <br /> welfare of the community. The transparency of the structures and number of accessory <br /> structures would not be injurious to the public. <br /> (2) The use and value of the area adjacent to the property included in the variance will <br /> not be affected in a substantially adverse manner <br /> The use and value of the area adjacent to the property included in the variance should not <br /> be affected in an adverse manner. The structures without facade transparency will act as an <br /> enclosed barrier for the site and will permit a variety of outdoor activity to occur with the <br /> accessory structures providing essential support, thereby activating a vacant parcel. <br /> S( II HI NI) BOARD OF ZONING APPEALS Page o1-t <br />