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BEFORE THE AREA BOARD OF ZONING 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 tol'S. 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 />S <br />iecesha 00'Neal, _Petitioner <br />