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SPECIAL EXCEPTION PURSUANT 21-09.3(D) <br /> AREA BOARD OF ZONING APPEALS <br /> POKAGON BAND OF POTAWATOMI INDIANS <br /> FINDINGS OF FACT <br /> 1. 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 comply with all building, fire safety,traffic, and parking regulations as to <br /> not being injurious to the public health, safety,morals, and general welfare of the community. <br /> 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT <br /> AREA OR PROPERTY VALUES THEREIN BECAUSE: <br /> The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding <br /> properties. <br /> 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN <br /> WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: <br /> Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. <br /> 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH <br /> BEND COMPREHENSIVE PLAN BECAUSE: <br /> The Special Exception is not deviating from the spirit, character and intention of the district in which it is located. <br /> CONDITIONS OR REVISIONS: <br /> DECISION <br /> IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of <br /> South Bend Common Council with a: FAVORABLE RECOMMENDATION <br /> ADOPTED this 7TH Day of NOVEMBER,2012. <br /> YES NO <br /> MICHAEL URBANSKI <br /> ABSENT RANDALL MATTHYS <br /> JACK YOUNG <br /> GERALD PHIPPS <br /> ROBERT HAWLEY <br /> JOE VELLEMAN <br /> BRENDAN CRUMLISH <br />