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Staff Report 4/3/2013 <br />5. From the required Type A landscaping to green space as shown on the site plan on the <br />east and none on the south; <br />6. To allow a 7' high fence in the 10' clear site triangle at the driveway. <br />State statutes and the South Bend Zoning Ordinance require that certain standards must be <br />met before a variance or Special Exception Use can be approved. These standards are <br />attached and made part of the Staff Report. <br />Recommendation: <br />Based on information available prior to the public hearing, the staff recommends that the <br />rezoning petition be sent to the Common Council with a favorable recommendation. <br />Based on information available prior to the public hearing, the staff recommends that the <br />special exception use petition be sent to the Common Council with a favorable <br />recommendation. <br />The staff recommends approval of variances #3, 4, and 6, denial of variance #2, and to amend <br />variance #1 to a height equal to the existing fence minus the barbed wire, and to amend <br />variance #5 to include a hedge row in the area designated as "green space" on the east side. <br />Analysis: <br />Western Avenue is a heavily traveled east/west commercial corridor, providing business <br />opportunities for new and established businesses. The appropriate expansion of this business <br />will relieve Chicago Street from being used as a parking area, and add much needed buffering <br />between the business and the neighborhood. The site plan and the requested variances, as <br />amended, will help to ensure that the redevelopment of this site sustains a successful business <br />and protects the adjacent residential neighborhood. <br />The Special Exception Use meets the standards for approval of a Special Exception Use in that <br />moving parking out of the right -of -way will support public safety; the expansion of an existing <br />business should not affect the adjacent property values; the general character of Western <br />Avenue is a commercial corridor with a mix of business and commercial uses; and that City <br />Plan objectives are being met in providing for a range of nixed uses. <br />APC # 2668 -13 Page 3 of 3 <br />