09-10-12 Council Agenda & Packet

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PETITION OF AR1iMV & NAVY GARRISON #146 SPECIAL USE PURSUANT S.J_C.C. TITLE 15 CHAPTER 154 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall :improve the appearance of the neighborhood and will not devalue the surrounding properties_ 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4_ THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS or REVISIONS: SUBJECT TO A WRITTEN COMMITMENT LIMITING PARKING TO THE SOUTHERN 36" OF THE PROPERTY ARID SHOULD, THE PETITIONER FAIL TO SUBMIT THE WRITTEN[ COMMITMENT THE BOARD THEN RECOMMENDS AN UNFAVORABLE RECOMMENDATION DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the St. Joseph. County Council with a: FAVORABLE RECOMMEDATION. ADOPTED this 1 ST Day of AUGUST, 2412. YES NO D MICHAEL URBANSKI r-x-1 GERALD PHIPPS 0 RANDALL MATTHYS M BRENDAN CRUMLISH JOE VELLEMAN D JACK YOUNG ROBERT HAWLEY