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Staff Report – BZA#0094-21 December 6, 2021 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 A Special Use may only be granted upon making a written determination, 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; The propose use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The building was initially constructed for automotive repair. The zoning ordinance has standards in place to help limit any negative impacts on surrounding properties or the community at large. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; As the property was initially constructed for the proposed use, approval of the Special Exception should not injure or adversely affect the use of the adjacent area, provided the appropriate landscaping and buffering is installed. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While the Neighborhood Center Zoning District encourages pedestrian orientated development, the use of Vehicle Service, Minor is an allowed Special Exception in the district for instances such as this where the original intent of the building was for an automotive repair shop. Activation of a currently vacant building to its original use is consistent with the character of the district and surrounding area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. City Plan (2006) recommends the City "Stimulate the rehabilitation and adaptive reuse of property in the city." (Objective ED1). By approving the Special Exception the possibility of a vacant property in the city increases. State statutes and the 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 Approval of Variance #2 and Variance #3 should not be injurious to the public health, safety, morals and general welfare of the community. The variances allow for the building and site to be reused for its original intent. However, proper screening is needed to mitigate the impact on the general community. Criteria for Decision Making: Special Exception Criteria for Decision Making: Variance(s)