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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 If 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 />,- Ali ropose u is comp 'bl� with the recommendations of the Comprehensive <br />Plan. \ <br />20. LPetition of Webster St. Holdings, LLC . <br />Basormation available prior to the Bo d meeting, the staff recommends that the <br />vari granted and the special excepti be sent to the Common Council with a <br />vommendation. <br />osed use will not In us 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, & ROSELAND <br />W W W. S T,O SE PH C OU N TY IND I ANA, C OM <br />