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REGULAR MEETING FEBRUARY 8, 2010 <br /> <br /> <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee, <br />reported that this committee met on this bill this afternoon and voted to send it to the full <br />Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette <br />Blvd., Suite 100, South Bend, Indiana, presented the report from the Area Board of <br />Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is requesting a Special Exception to allow a bottled <br />gas storage and distribution facility on the property located at 3371 Cleveland Road. He <br />stated that the Area Board of Zoning Appeals held a public hearing on this bill on January <br />6, 2010 and send this bill to the Common Council with a favorable unanimous <br />recommendation. <br /> <br />Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, <br />South Bend, Indiana, made the presentation for this bill on behalf of the estate of Mr. <br />Paul Markley. <br /> <br />Mr. Danch advised that the petitioner is seeking a Special Exception to allow a bottled <br />gas storage and distribution facility on the property located at 3371 Cleveland Road. He <br />stated that a carbon dioxide tank is to be located at the Northwest corner of Deal Court <br />and Cleveland Road. Mr. Danch noted that the site plan shows where the tank will be <br />located on the west side of the property and screened with vinyl fencing and evergreens <br />per the Board of Zoning Appeals. Mr. Danch also noted that they have an agreement <br />with the Board of Zonings Appeals and at such time when the lease expires for NUCO2, <br />the lessee, the tank would be removed from the property. <br /> <br />A Public Hearing will be held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember White made a motion to adopt this <br />Resolution. Councilmember Oliver Davis seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of eight (8) ayes. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 6 <br /> <br />