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VARIANCE APPROVAL STANDARDS <br /> 1.The approval will not be injurious to the public health,safety, morals and general welfare of the <br /> community because: <br /> Granting the Special Exception and variances will bring the property into compliance with the <br /> MU Mixed Use District requirements. <br /> 2.The use and value of the area adjacent to the property included in the variance will not be affected in a <br /> substantially adverse manner because: <br /> Petitioner will sign and record a written commitment that no music will be played on the outside <br /> deck or anywhere outside of the building premises and that there will be no use of the outside <br /> deck after 11:00 p.m. The commitment also will permit use of the adjacent parking lot across <br /> Harris Street to satisfy the off-street parking requirements. <br /> 3.The strict application of the terms of the zoning ordinance will result in practical difficulties in the use <br /> of the property because: <br /> The property is and has been used as a bar/restaurant,formerly under the name "Dunham Inn" for <br /> decades prior to Petitioner's ownership. The business is located in a commercial area now zoned <br /> for MU Mixed Use. The change in the zoning classification changed the fencing and parking <br /> requirements applicable to the property even though the general use of the property as a tavern <br /> has not changed. <br /> Robert Burg,Petitioner <br /> Filed in Clerk's Office i <br /> Date: June 13,2017 <br /> JUN 212017 <br /> KAREEMAH FOWLER <br /> /James A. asters, Attorney at Law <br /> CITY CLERK,SOUTH SEND,IN <br /> Nemeth,Feeney, Masters & Campiti, P.C. <br /> `.350 Columbia Street <br /> South Bend, IN 46601 <br /> Telephone: 574/234-0121 <br /> Attorney for Petitioner <br />