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05-26-15 Agenda, Packet & Committee Meeting Notice
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05-26-15 Agenda, Packet & Committee Meeting Notice
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
5/26/2015
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Staff Report <br />5/8/2015 <br />moral standards, convenience or general welfare. Tattoo facilities are licensed and <br />certified through the Health Department to ensure they operate in a safe manner. <br />(2) The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein. The property was previously used for non - residential uses. <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. The tattoo parlor will operate similarly to the <br />other businesses found along Mishawaka Avenue. <br />(4) The proposed use is compatible with the recommendations of the Comprehensive Plan. <br />The comprehensive plan identifies this area for commercial development. <br />The variances are as follows: <br />1. From the required twelve parking spaces to zero; and <br />2. From the required 500' separation from a religious use to 20'. <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. <br />(1) The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community. Tattoo facilities are licensed and certified through the Health <br />Department to ensure they operate in a safe manner. Because there is on- street parking <br />available with additional parking behind the building, the parking variance should not be <br />injurious to the safety or general welfare of the community. <br />(2) The use and value of the area adjacent to the property included in the variance will not <br />be affected in a substantially adverse manner. Improving the physical appearance of the <br />fagade will protect surrounding property values. The property was previously used for <br />non - residential uses. <br />(3) The strict application of the terms of the zoning ordinance will result in practical <br />difficulties in the use of the property. The strict application would limit the ability for the <br />site to be redeveloped as a tattoo parlor. On street parking is available, as well as non- <br />descript parking in the rear of the building. <br />Recommendation: <br />Based on information available prior to the public hearing, the staff recommends that the <br />rezoning petition and the Special Exception Use be sent to the Common Council with a <br />favorable recommendation. The staff recommends approval of both variances. <br />Analysis: <br />Allowing a tattoo parlor in this location will not be injurious to the overall retail character <br />of Mishawka Avenue or the adjacent residents. Rezoning to LB Local Business District is <br />consistent with the character of the area. <br />APC 4 2742 -15 Page 3 of 3 <br />
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