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REGULAR MEETING APRIL 11, 2011 <br /> <br /> <br /> <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <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 /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and after hearing the pros <br />and cons voted to send it to the full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd, South Bend, Indiana, <br />presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a special exception for a 240’ <br />telecommunications tower, on property located at 324 Garst Street. Mr. Lyons advised <br />that the Area Board of Zoning Appeals held a public hearing on March 2, 2011 and send <br />this bill to the Common Council with a favorable recommendation. <br /> <br />Ms. Kari Wallace, Charles S. Hayes, Inc., 814 Marietta Street, South Bend, Indiana, <br />made the presentation for this bill. <br /> <br />Ms. Wallace advised that Charles S. Hayes, Inc. is applying for a Special Exception Use <br />to construct a 240’ telecommunications facility located at 324 W. Garst Street. She noted <br />that the proposed facility will supplement an existing 349’ tower and compound at that <br />location. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this <br />Resolution. Councilmember Kirsits seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br /> <br /> <br /> <br />RESOLUTION NO. 4095-11 A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND <br />DESIGNATING A CERTAIN AREA WITHIN <br />THE CITY OF SOUTH BEND, INDIANA, <br />COMMONLY KNOWN AS 1807 ALFTON <br />COURT AS A RESIDENTIALLY DISTRESSED <br />AREA FOR PURPOSES OF A (5) FIVE-YEAR <br />RESIDENTIAL REAL PROPERTY TAX <br />ABATEMENT FOR ROBERT F. & N. MARIA <br />BERGER <br /> 11 <br /> <br />