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Staff Report 9/4/2015 <br /> 5. Responsible Development And Growth: <br /> It is responsible growth and development to allow this site to be used to its full <br /> commercial potential. <br /> Staff Comments: <br /> This is a combined public hearing procedure,which includes a rezoning and two variances <br /> from the development standards. The Commission will forward the rezoning to the <br /> Common Council with or without a recommendation and either approve or deny the <br /> variances. <br /> The variances are as follows: <br /> 1) from the required minimum 39 off-street parking spaces to 0; and <br /> 2) from the required foundation landscaping to none. <br /> State statutes and the South Bend Zoning Ordinance require that certain standards must be <br /> met before a variance can be approved. <br /> (1) The approval will not be injurious to the public health, safety, morals, and general <br /> welfare of the community. The site is an existing commercial development. The site will <br /> be served by off-site off-street parking from the lot east of the alley. The absence of <br /> foundation landscaping will be consistent with the rest of the businesses along Mishawaka <br /> Avenue. <br /> (2) The use and value of the area adjacent to the property included in the variances will <br /> not be affected in a substantially adverse manner. The variances requested will not impact <br /> surrounding properties. There is a parking lot adjacent to the property which will service <br /> the use of this site. <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 entire length of both facades contain hard <br /> surface improvements up to the foundation. Strict application of the ordinance would <br /> require those to be removed, which would interfere with pedestrian and vehicular traffic. <br /> Recommendation: <br /> Based on information available prior to the public hearing, staff recommends the rezoning <br /> petition be sent to the Common Council with a favorable recommendation. The staff <br /> recommends approval of both variances. <br /> Analysis: <br /> This rezoning is a responsible, adaptive-reuse of an existing building on a well-established <br /> commercial corridor. <br /> APC # 2750-15 Page 3 of 3 <br />