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REGULAR MEETING APRIL 11,2005 <br /> general welfare of the community; <br /> 2. The use and value of the area adjacent to the property included in the <br /> special exception will not be affected in a substantially adverse manner; <br /> 3. The need for the special exception arises from specific conditions peculiar <br /> to the property involved; <br /> 4. The strict application of the terms of the Zoning Ordinance will constitute <br /> an unnecessary hardship is applied to the property for which this special <br /> exception is sought; and <br /> 5. The approval does not interfere substantially with the Comprehensive Plan <br /> adopted by the City of South Bend. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals, which are on file in the Office of <br />the City Clerk. <br />SECTION V. This Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approval by the Mayor. <br /> s/Charlotte D. Pfeifer <br /> Member of the Common Council <br />Councilmember Kuspa, 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, Building Commissioner, St. Joseph County, Indiana gave the report from <br />the Board of Zoning Appeals. <br />Mr. Fozo advised that the Board of Zoning Appeals at its Public Hearing on March 17, <br />2005 sends this special exception to the Common Council with a Favorable <br />Recommendation. <br />Mr. David Mirkin, Attorney, Mirkin Law Offices, 112 W. Jefferson Blvd., Suite 400, <br />South Bend, Indiana made the presentation for the petitioner Margie Ann Stuart and <br />Mary K. Hawblitzel-Fisher, owners, Ziker Cleaners. <br />Mr. Mirkin advised that the petitioners seek a Special Exception under Section 21-03.01 <br />(a) (2) to allow for a dry cleaning pick-up and delivery facility on the property located at <br />420 E. Ireland Road. The Office Buffer District (OB) zoning classification allow a <br />Special Exception for personal service and retail outlets such as that planned to be <br />constructed on Petitioners’ property pursuant to Section 21-03.01 (a) (2) (C) and (G). <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Kuspa made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br />8 <br /> <br />