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While staff recognizes the desire to develop this property that has been vacant for quite some <br /> time, careful consideration for the character of the area and protection of the use and value of <br /> adjacent properties needs to be considered. Although the developer might argue that this <br /> project could not proceed at five stories in height, our opinion is that the ordinance, as currently <br /> written, does not prohibit the development of the site for a different proposal. Therefore, it <br /> appears that the standard that strict application of the terms of the zoning ordinance would <br /> result in practical difficulties in the use of the property has not been met. <br /> Having said this, we also recognize that the current ordinance and plan were written during a <br /> different city administration and Common Council and that land use policies can change over <br /> time. If it is the current thinking of the City Administration that the height of buildings in the East <br /> Bank should be increased, then the East Bank Village Plan, Phase One needs to be reviewed, <br /> and the zoning ordinance amended accordingly The staff would be willing to draft an <br /> amendment to the zoning ordinance for consideration by the Area Plan Commission and <br /> Common Council. It may be advisable for the developer to request that this item be tabled to <br /> allow this conversation to take place. If the variance is denied, the petitioner will have to wait <br /> six months before reapplying. <br /> Special Exception / Special Use <br /> A special exception use/special use may only be granted upon making a written <br /> determination and adopting appropriate Findings of Fact, based upon the evidence presented <br /> 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 /> (2) The proposed use will not injure or adversely affect the use of the adjacent area or <br /> property values therein; <br /> (3) The proposed use will be consistent with the character of the district in which it is <br /> located and the land s authorized therein; <br /> —(4 ropose use is compa with the recommendations of the Comprehensive <br /> Plan, <br /> 20. Petition of Webster St. Holdings, LLC. <br /> Based on information available prior to the Bo d meeting, the staff recommends that the <br /> variances be granted and the special excepti be sent to the Common Council with a <br /> 'fayorable recommendation. <br /> - The pr osed use will not rious to the public health, safety, comfort, community <br /> moral standards, convenience or general welfare. <br /> The proposed use does not include the processing or storage of recyclable materials; it <br /> is being established as a transfer station. The actual transfer will be conducted within an <br /> existing building and will not be injurious to the general welfare of the community. <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 is located within and surrounded by the GI General Industrial District. <br /> The GI District is established to provide for manufacturing and processing facilities <br /> which may require substantial amounts of outdoor storage and outdoor operations. The <br /> proposed use will not adversely affect the use of the adjacent area or property values. <br /> SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, B ROSELAND <br /> NWW STJOSEPHCOUNTYINDIANA COM <br />