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Staff Report – BZA#0094-21 December 6, 2021 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 (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 With property landscaping and buffering the reduced transparency variance should not adversely affect the use and value of adjacent properties. The building already has existed with the current level of transparency. While parking in the established yard is not preferred, proper buffering will help mitigate the impact on the use and value of adjacent properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the zoning ordinance would not allow for the property to be used for vehicle repair as originally built. While vehicle repair is permitted as a special exception, strict application would require the building to be demolished and relocated. The addition of landscaping, however, could easily be accomplished. (4) The variance granted is the minimum necessary While parking is not required, it is practical for the business to need some off-street parking. The variances requested for transparency and parking location are the minimum necessary to operate in a reasonable manner. The 5’ setback requested by staff is the minimum necessary to allow for the required parking screening and streetscape landscaping required. There is no practical difficulty for the requested landscaping variances so it is not the minimum necessary. (5) The variance does not correct a hardship cause by a former or current owner of the property The zoning regulations mandating minimum transparency levels and prohibiting parking in the front yard both postdate the construction and placement of the building. Analysis: 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. Variances which allow for the current configuration of the building to remain as is for the parking lot and for transparency are reasonable to allow for the reuse of the building as originally constructed. Variance from the required landscaping are viewed unfavorably as they do not prohibit the use or the usability of the site. The site contains no practical difficulties for establishing code compliant landscaping on the site. Staff Recommendation: Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Staff recommends the Board deny Variance #1 From the minimum of 1 street tree per 30' on Mishawaka Ave to none and Variance #4 From the required parking area screening to none. Staff recommends the Board approve Variance #2 To allow parking in the established front and corner yard and Variance #3 From the 60% minimum transparency on the front and 20% minimum transparency on the corner facade to the existing windows, subject to a 5' parking setback to allow space for the landscaping. Analysis & Recommendation