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