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SPECIAL EXCEPTION PURSUANT 21-09.3(D) <br /> AREA BOARD OF ZONING APPEALS <br /> MARYINIBICYCLE GALLERY <br /> FINDINGS OF FACT <br /> 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, <br /> COMMUNITY MORAL S'T'ANDARDS, 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 13E CONSISTENT WITH THE CHARACTER OF THE DISTAWT 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 /> It is the feeling of the Board that the variance is bleeding into the overall Comprehensive Plan and is not <br /> deviating from it's intent. <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: <br /> ADOPTED this 5TH Day of December, 2012. <br /> YES NO <br /> LO MICHAEL URBANSKI <br /> LD RA.NDAr-L MATTHYS <br /> CD JACK YOUNG <br /> GERALD PHIPPS <br /> ® ROBERT HA WLEY <br /> ® JOE VELLEMAN <br /> ® BRENDAN CR.UMLISH <br />