24-25 Special Exception at 1702 Western Avenue

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Staff Report—BZA#0325-25 May 5, 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 should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare as any proposed restaurant will meet all applicable building and fire safety codes. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values. The building was designed and has historically been utilized as retail/service space and the introduction of a restaurant will activate the building and enhance the neighborhood by offering a new local amenity. (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 parcel is located on busy Western Avenue across the street from large retail and industrial uses. The proposed use as a small scale restaurant is consistent with the surrounding traditional neighborhood development pattern of OF and U3 and will serve to enhance the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006), Objective LU2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Analysis & Recommendation Analysis: The building was designed and has historically been utilized as retail/service space. Introducing a restaurant will activate the building and enhance the neighborhood by offering a new local amenity. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation with the condition that all improvements to bring the building and site up to zoning compliance are completed within 6 months of approval. SOUTH BEND BOARD OF ZONING APPEALS Page 3 o1 3