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BEFORE TIRE AREA BOARD OF TONING APPEALS <br /> CITY OF SOUTH BEND,INDIANA <br /> PETITION FOR SPECIAL EXCEPTION <br /> FOR PROPERTY AT 1902 WESTERN AVENUE <br /> SOUTH BEND,INDIANA <br /> Comes now the Petitioner,Janiecesha O'Neal,and Petitions the Board for a Special Exception to <br /> permit the use of the improved property at 1902 Western Avenue in the City of South Bend as a <br /> bar/restaurant/nightclub and for a variance from the required 84 parking spaces to)�. in support of her <br /> petition,Petitioner would show the Board the following: <br /> Name of Petitioner: Janiecesha O'Neal <br /> Address of Petitioner: 1017 N. Meade Street, South Bend,Indiana 46628 <br /> Phone No.: 574-300-7804 <br /> STANDARDS FOR VARIANCE(Ind. Code Sec.36-7-4-918.5): <br /> 1. The approval sought by the Petitioner will not be injurious to the public health,safety, <br /> morals or general welfare of the community welfare for the reason that the proposed use is consistent with <br /> other uses found generally in the neighborhood in which the subject is situated and as proposed is a legal <br /> use and readaptation and renovation of an existing vacant and presently unused building. <br /> 2. Given the surrounding land uses which are predominately commercial and retail along <br /> Western Avenue and the proposed improvements to the property being made in anticipation of its <br /> proposed future use,the area adjacent to the property will not be affected in a substantially adverse <br /> manner. <br /> 3. The strict application of the zoning ordinance will result in practical difficulties in the'use <br /> of the property by resulting in the continued disuse and deterioration of the building and for the reason <br /> that alternative uses of the structure which was formerly configured as a bar/nightclub are not likely <br /> practically or economically feasible within sound economic reality. <br /> The individual presenting this matter before the Board and the Common Council is: <br /> Bruce D.Huntington,Attorney-at-Law <br /> Botkin&Hall, LLP <br /> 105 East Jefferson Blvd, Suite 400 <br /> South Bend,Indiana 46601 <br /> (574)234-3900 <br /> The Zoning Classification of the Property is presently MU in Portage Township,City of South Bend <br /> i Petitioner <br />