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P£:'I'I'FION OF <br />KOLACZ <br />SPL-CIAL USE PURSUANT S.J.C. C. CHAPTER S <br />AREA BOARD OF ZONII~'G APPEALS <br />FINDINGS OI~ FACT <br />1 . THE PRPOSED SPECIAL L?SE FILL NOT BE INJURIUS TO THE PUBLIC HEALTH, <br />SAFETY. COMFORT. COMMUNITY MORAL STANDARDS. CONVEI~TIENCE OR GEI~TERAL WLFAFE <br />BECAUSE: <br />The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion <br />conflictine and inconclusive. Therefore. the Board is of the opinion that the Council would be in a better <br />position to hear further clarification and more evidence on this petition. <br />?. THE PROPOSED SPECIAL LTSE V~'ILL NOT INJURE- OR ADVERSELY' AFFECT THE- USE OF <br />THE- ADJACE'N'T AREA OR PROPERTY VALUES THEREIN BECAUSE: <br />The variance or use shall improve the appearance of the neighborhood and will not devalue the <br />sun-oundin~ properties. <br />3. TIDE PROPOSED SPECIAL USE ~~'ILL BE CONSISTENT ~%ITI-I THE CHARACTER OF THL- <br />DISTP,ICT IIV WHICH IT IS LOCATED AND THE I ANTD USL-S AUTHORIZED THERI-:IN BECAUSE: <br />Conditions on the propei-t-~ predate the Zoning Ordinance. which creates a different condition for this <br />propem~. <br />4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH TIDE RECOMMENDATIONS OF <br />THE ST. JOSEPH COUNTY COMPP~EHENSIVE P LAN BECAUSE: <br />It is the feelin_a of the Board that the variance is blending into the overall Comprehensive Plan and is nog <br />deviating from its intent. <br />CO'_~'DITIONS or REVISIONS: WITH Ti-IE RL-COMMENDATION' THAT A P.A~'ED 20' ~ GO' <br />PARKI?~~G APtiEA BE PROVIED <br />DECISION <br />IT IS THEREFORE the decision of this Board that this request for SPECL~iL USE shall be passed onto the <br />Common Council ~~~ith a: FAQ%OIZ~ BLE RECOlt~fl~Ell~DA'I'ION <br />.ADOPTED this 1st Da~• of SEPTEMBER, ?010. <br />~'ES NO <br /> MICHAEL. URBANSI>I <br /> GERALD PHIPPS <br /> ROBERT HA~T~'LEY <br /> R.A.'~~DALL MATTHY"S <br /> JACK YOL7NG <br />G JOE ~'ELLEMAN <br />