05-26-15 Agenda, Packet & Committee Meeting Notice

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