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I! M,':A PL A!,.1 <br /> �•:':'.?F.::.L"!Yl!y�`,Tn..ti'X'-L'2l�IL''.F#:ar't.^:[�Jemyi:a:r:.:mf <br /> (a) The proposed variances will not be injurious to the public health, safety, comfort, community <br /> moral standards,convenience or general welfare because: <br /> a. None of the deviations from Code compromise public health,safety,comfort,community <br /> moral standards, convenience or general welfare. Appropriate sight distances are being <br /> provided, safe and secure lighting will be provided,and outdoor seating areas are to be <br /> provided behind a raised curb and in an area remote from roadway traffic. <br /> (b) The proposed variances will not adversely affect the use and value of the area adjacent to the <br /> property because: <br /> a. The proposed use is permitted in both present zoning of the County and present zoning of <br /> the City. <br /> b. The Petitioner is voluntarily proposing building materials, roof materials and pitch, <br /> signage, and landscaping that is compatible with the character of this neighborhood. <br /> (c) Strict application of the terms of this Ordinance would result in practical difficulties in the use of <br /> the property because: <br /> a. While compliance with these three(3)particular code requirements could possibly be met <br /> if the convenience store was placed closer to the right-of-way line (and the fuel island <br /> placed behind it), the unusual shape of the property (with its angular right-of-way <br /> alignment) and massing of the principal building make such alternative less desirable <br /> than what the Petitioner proposes. <br /> O:\Projects\_Indiana\Non-Governmental\Star 001,Inc\17-030017330 SR 23,South Bend\Petition—Annexation and Rezoning <br />