11-26-12 Council Agenda & Packet

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AREA BOARD OF ZONING APPEALS STANDARDS FOR SPECIAL EXCEPTIONS ALL PAPERWORK IS TO BE FILED BY NOON OF THE FILING DEADLINE When applying for a Special Exception the Standards below must be addressed and incorporated in the written statement or petition. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-4-918.4 as listed below: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Pokagon Band of Potawatomi Indians was restored to federal tribal status through act of Congress,(P.L. 103-323, 108 Stat.2153,25 U.S.C. 1300j-1300j-8(the Restoration Act)which was signed into law by President Clinton on September 21, 1994.The Restoration Act established a tribal service area for the Pokagon Band consisting of ten counties including the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of St. Joseph, Elkhart, La Porte, Starke,Marshall, and Kosciusko. 1,701 Tribal citizens or 85% of the service area population live within the service area counties of Michigan. 304 or 15%of the service area population live within the service area counties of Indiana. . The Pokagon Band has maintained a Tribal Government Office in Michigan and Indiana ever since federal recognition in1994. The Michigan Pokagon Band Tribal Government Office is located at 58620 Sink Rd, in Dowagiac, Michigan. Currently,the Pokagon Band has Indiana Tribal Government Office located at 310 W. McKinley, Suite 300 in Mishawaka, Indiana. The Pokagon Band would like to relocate the Indiana Tribal Government Office to 3733 Locust Street. This property will provide for a government use that will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property at 3733 Locust Street is located in a SF1- Single Family and Two Family District. In the City of South Bend Zoning& Subdivision Ordinance,under Section 21-02.01(2) (B) Special Use Exceptions, "Governmental Use: Including but not limited to: Fire Station or Police Station"is listed as an approved use in the SF1-Single Family and Two Family District. The property at 3733 Locust Street will provide for a government use that will not injure or adversely affect the use of the adjacent area or property values.