18-25 Special Exception and Use Variance at 1701 Hickory Road

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Staff Report—BZA#0323-25 April 7, 2025 Criteria for Decision Making: Special Exception A Special Exception 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 proposed use as a Park and Open Space in an S1 zoned parcel should not be injurious to the general welfare of the community. The use is contextually appropriate, being bounded on 3 sides by City parks, and will foster a public-private partnership designed to serve the community, offering valuable amenities to the public. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use as Park and Open Space allows for the development of park facilities that will complement the use and value of adjacent areas. The property is located in close proximity to indoor recreational spaces and directly abuts City owned public parks. The development will offer amenities to surrounding residential properties and to the general public. (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 will be consistent in design and use to the surrounding area. Existing baseball fields will be improved and expanded on the property and in the surrounding City owned parks. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006) Objective PF 5.1: Provide and maintain a range of parks and recreational facilities through the City; Policy PF 5.1.2 Provide a balance of active and passive recreation opportunities in the City park system; and Policy PF 5.1.3 Partner with schools, colleges, private organizations, and neighboring jurisdictions to provide adequate recreation facilities for the general public. Criteria for Decision Making: Variance(s) 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 The approval of the variances should not be injurious to the general welfare of the community. The proposed recreation facility is contextually appropriate in use and design but does not correspond well to the building types or maximum height outlined in the zoning ordinance for an S1 zoned parcel. The setback variances address parking and structures SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 6