Bill 13-16 Rezoning 424, 426, 430 Cushing St. and 726, 736 Lincolnway West

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Applicant understands that certain standards must be met in order for the variances requested herein to be granted. Accordingly, Applicant respectfully submits as follows: 1. The granting of the variances requested herein will not be injurious to the public health, safety, morals or general welfare of the community. In the spirit of the Zoning Code, the Project will enable a retail store to be developed along a major right -of -way in an area zoned for commercial use, thus providing citizens with convenient access to a wide variety of goods so as to meet the day -to -day convenience shopping needs of persons living in nearby residential areas, and promoting the health, safety, quality of life, comfort and general welfare of the City. In the spirit of the Comprehensive Plan, the Project will bring new jobs to the community, encourage additional growth, and provide a new source of sales tax revenue. Further, the new improvements on the Property will increase its assessed valuation, thereby increasing real estate tax revenue. Based upon Applicant's previous experience in connection with other Family Dollar developments, Applicant believes that the granting of the requested variances will not adversely affect the public health, safety, morals, or general welfare. Rather, the requested variance is in harmony with the spirit and intent of the Zoning Code and the mixed use nature of the surrounding area. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner. As stated above, many of the surrounding parcels along Lincoln Way West are being used for commercial purposes. Therefore, the Project is consistent with existing conditions. Additionally, the variances will not impair an adequate supply of light or air to the adjacent properties, substantially increase the congestion in the public streets, increase the danger of fire, or diminish or impair property values within the neighborhood. Further, the Site Plan has been prepared with considerations such as screening and buffering in mind, particularly with respect to the residential nature of nearby parcels. 3. The strict application of the terms of the Zoning Code would result in practical difficulties in the use of the Property. Applicant spent a substantial amount of time and consideration in selecting the Property and preparing the Site Plan for the Project to most efficiently and effectively utilize the Property. Applicant made every effort to configure the building to be constructed on the Property such that it would conform to all of the provisions of the Zoning Code. However, the Property has certain physical characteristics which make full compliance with the terms of the Zoning Code quite difficult. For example, the northwest portion of the Property includes a sharp angle at the intersection of Lincoln Way West and Cushing Street. Applicant has aligned the main entrance of the building on the Property to be approximately parallel to Lincoln Way West. However, laying out the entire front fagade of the building in such a manner would be impractical. Additionally, Applicant has taken into account the need to comply with various parking, screening and landscaping requirements of the Zoning Code, as well as certain engineering and traffic concerns (such as truck access and to allow maneuvering of customers, employees and deliveries at the Property). Finally and as set forth above, Applicant intends to develop the