Amending the Zoning Ordinance and Requesting a Special Exception at 3055 Edison Rd.

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Staff Report 12/4/2015 met before a variance or Special Exception Use can be approved. The Special Exception Use is for Personal Services. A Special Exception Use may only be granted based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This site has previously been used as a beauty salon. The proposed Special Exception Use is low- impact and appropriate for a major corridor. It should not generate additional traffic to the site. (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. With proper screening, adjacent properties should not be adversely impacted. (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 proposed use is an adaptive reuse of an existing building. No major modifications are planned that would change the character of the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The comprehensive plan encourages a compatible mix of uses in the community. The variances are as follows: 1) from the required landscaping of required perimeter yards and residential bufferyards for the northernmost 90' of the west property line to the existing landscaping; and 2) from the required off - street parking area screening to none along the north, east, and west parking lot boundaries. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The property is already screened on three sides by dense vegetation. Because the property to the north and east is a large open park area, it would not be injured by lack of parking screening where other screening already exists. (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. Surrounding property values will not be adversely affected because the perimeter landscaping will effectively screen the parking lot. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. APC # 2768 -15 Page 3 of 4