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LTODD, LLC <br />SPECIAL EXCEPTION PURSUANT 21- 09.3(10 <br />AREA BOARD OF ZONING APPEALS <br />FINDINGS OF FACT <br />I. 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 />1101 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 the 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 DIS7'RICT IN WHICI- <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 COMPkEHEN'SIVE PLAN BECAUSE: <br />It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatin; <br />from it's intent. <br />CONDITIONS OR REVISIONS: <br />DECISION <br />IT IS THERE -FORE 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: <br />FAVORABLE RECOMMENDATION <br />ADOPTED this 2T%1D Day of JUNE, <br />2010. <br />YES NO <br />_ _ <br />® <br />MICHAEL URBANSKI <br />® <br />RANDALL MATTHYS <br />® <br />JACK YOUNG <br />.ABSENT <br />JACK HICKEY <br />® <br />GERALD PHIPPS <br />® <br />ROBERT HAWLEY <br />® <br />JOE VELLEMAN <br />