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REGULAR MEETING <br />JUNE 25, 2007 <br />2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <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: and <br />4. The proposed use is compatible with the recommendations of the City of South <br />Bend Comprehensive plan. <br />Section IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are of file in the office of <br />the City Clerk. <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 />s/Timothy A. Rouse <br />Member of the Common Council <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and sends it to the full <br />Council with a favorable recommendation. <br />Mr. Don Fozo, C.B.O., Building Commissioner, St. Joseph County/City of South Bend, <br />125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, present the Board of Zoning <br />Appeals report. <br />Mr. Fozo advised that the petitioner Horvath Communication is seeking a Special <br />Exception to construct a 195' monopole wireless communications tower, on property <br />located at 721 N. College. The property is zoned "LF' Light Industrial. Mr. Fozo noted <br />that there were two remonstrators at the BZA meeting who spoke on behalf of their <br />mother who lives within one hundred feet (100') of the proposed tower. Mr. Fozo further <br />advised that the Board of Zoning Appeals heard this bill at its Apri119, 2007 meeting and <br />sends it to the Council with a favorable recommendation. <br />Councihnember Rouse asked Mr. Fozo how many cell towers are within that area. <br />Mr. Fozo stated that he could not answer that question at this moment, and referred to the <br />petitioner. Mr. Fozo noted that his office does keep that information and he could get a <br />copy of a map that shows where cell towers are located in St. Joseph County and the City <br />of South Bend. <br />Mr. John Falvey, Attorney for Horvath Communications, Inc., made the presentation for <br />this bill. <br />Mr. Falvey advised that the petitioner Horvath Communications, Inc., is an Indiana <br />Company based in South Bend. Their founder Jackie Horvath is a proud graduate of <br />South Bend Clay High School and has been in business for 11 years and has built more <br />than 150 towers in 13 states. This particular site at 721 N. College is designed to fill a <br />gap in the coverage of Sprint's affiliate IPCS. Sprint came to Horvath Communication <br />who is a tower company not a cellular carrier and asked them to find a location suitable <br />for them to put their equipment because they had a significant gap in their coverage there. <br />This tower will serve the public and fill a public need and provide reliable service and <br />E9ll coverage in that area. For the record about 240,000 E9ll calls are made everyday, <br />that is more than 50% of all 911 calls. Another benefit of this tower is that Horvath <br />provides free space on its towers for public safety and law enforcement use. This tower <br />will be designed as is required by the ordinance to be a four carrier tower. That means in <br />addition to Sprint who is the anchor tenant, there will be room to add three additional <br />tenants on the site, therefore, reducing the need for additional sites in the area. The site is <br />currently owned by Mr. Bob Shultz, owner Monarch Textile Rental Services. Mr. Falvey <br />13 <br />