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

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Staff Report—BZA#0323-25 April 7, 2025 along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. (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 The proposed recreation facility is contextually appropriate in use and design and should not adversely impact the use and value of adjacent properties. The setback variances address parking and structures along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The design of the indoor recreation building is contextually appropriate and the added height allows the site to function as an indoor baseball facility. The parking lot and buildings requiring a setback variance straddle the property line between two adjacent parcels being used by a single entity for a coordinated function. Requiring minimum setbacks to be met along the shared property line would limit the overall function of the properties. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The proposed recreation facility is contextually appropriate in use and design and the height variance allows for the utility of the site in its capacity as an indoor baseball facility. The setback variances address parking and structures along a common lot line between the two properties in the petition. (5) The variance does not correct a hardship cause by a former or current owner of the property The zoning ordinance does not speak well to a project of this nature, which is contextually appropriate in use and design. Analysis & Recommendation Analysis: The proposed recreation facility is contextually appropriate in use and design. The setback variances address parking and structures along a common lot line between two adjacent parcels being used by a single entity for a coordinated function. The proposed special exception for use as Park and Open Space allows for the development of contextually appropriate park facilities, offering valuable amenities to surrounding residential properties and to the general public. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented and send the Use Variance and Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 6