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a n <br /> AL9BABA CAFIt LLC <br /> SPECIAL EXCEPTION PURSUANT 21-09.3(D) <br /> AREA BOARD OF ZONING APPEALS <br /> FINDINGS OF FACT <br /> I. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, <br /> COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: <br /> Development and use as presented will not comply with all building, fire, safety,traffic, and parking regulations as <br /> to not being injurious to the public health, safety, morals, and general welfare of the community. <br /> 2. T14E PROPOSED USE WILL NOT rNJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT <br /> AREA OR PROPERTY VALUES THEREIN BECAUSE: <br /> The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding <br /> properties. <br /> 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE L)ISTRICT IN WHICH <br /> IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: <br /> Conditions on this property just do not create a different situation for this property. <br /> 4. THE PROPOSED USE IS COMPA"T"IBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH <br /> BEND COMPREHENSIVE PLAAr BECAUSE: <br /> It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be <br /> deviating from its intent. <br /> CONDITIONS OR REVISIONS: NO ALCOHOL IF APPROVED <br /> DECISION <br /> IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South <br /> Bend Common Council with an: UNFAVORABLE RECOMMENDATION <br /> ADOPTED this 4TH Day of JANUARY, 2012— <br /> YES NO <br /> IHI MICHAEL URBANSKI <br /> 0 RANDALL MATTHYS <br /> JACK YOUNG <br /> 0 GERALD PHIPPS <br /> ROBERT HAWLEY <br /> 0 JOE VELLEMAN <br /> ® BRENDAN CRUMLISH <br />