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MARKLEY <br />SPECIAL EXCEPTION PURSUANT ? 1-09.3(D) <br />AREA BOARD OF ZONING APPEALS <br />FINDINGS OF FACT <br />1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, <br />COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: <br />Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to <br />not being injurious to the public health, safety, morals, and general welfare of the community. <br />2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT <br />AREA OR PROPERTY VALUES THEREIN BECAUSE: <br />The variance or use shall improve tl~e appearance of the neighborhood and will not devalue the surrounding <br />properties. <br />3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH <br />IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: <br />Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. <br />4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH <br />BEND COMPREHENSIVE PLAN BECAUSE: <br />It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating <br />from it's intent. <br />CONDITIONS OR REVISIONS: <br />DECISION <br />IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South <br />Bend Common Council with a: FAVORABLE RECOMMENDATION <br />ADOPTED this 6th Day of January, 2010. <br />YES NO <br />® MICHAEL URBANSKI <br />® RANDALL MATTHYS <br />® JACK YOUNG <br />ABSENT JACK HICKEY <br />® GERALD PHIPPS <br />® ROBERT HAWLEY <br />® JOE VELLEMAN <br />