05-23-11 Council Agenda & Packet

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13 be approved as a Special Exception Use. More specifically, the Petitioners are requesting for shown Parcels "B" and "C", approval of a Special Exception Use as allowed under Section 21- 03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) . The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception Use to allow for off-site parking lots for the proposed school project, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . The Petitioners and the contingent purchasers believe that moving the proposed school campus to the shown Petition site would have a positive effect on the neighborhood, as it will take an existing Hospital site which is vacant and allow for a new use which will serve the community for decades to come. The Petitioners believe that approval of the above Special Exception Use for the proposed school will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the above described Variances and the Special Exception Uses will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and the Special Exception Uses are sought: that the need for the Variances and the Special Exception Uses arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception Uses will not be injurious to the public health, Safety, morals, or general welfare of the community. ' I attest, under the penalties for perjury, that the foregoing representations are tr Michael J. Danch Ili President Danch, Harner & Associates, Inc.