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REGULAR MEETING <br />AUGUST 25, 2003 <br />SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a <br />copy of which is on file in the Office of the City Clerk. <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: <br />I. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community; <br />2. The use and value of the area adjacent to the property included in the special <br />exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arises from specific conditions peculiar to the <br />property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which this special exception is <br />sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan adopted <br />by the City of South Bend. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of the City <br />Clerk and subject to the Letter Agreement dated August 25, 2003, which is attached hereto and <br />incorporated herein as Exhibit A. <br />SECTION V. This Resolution shall be in full force and effect from and after its adoption by <br />the Common Council and approval by the Mayor. <br />s/Karen L. White <br />Member of the Common Council <br />Council Attorney Kathleen Cekanski - Farrand advised that Councilmember Kuspa will give a <br />committee report and in that report he will mention that the parties reached an agreement with regard <br />to certain commitments. In light of that she read into the record a proposed amendment to the <br />Resolution as follows: <br />Section IV. Page 2 strike the period (.) after the word "Clerk" and <br />add the following language: <br />and subject to the Letter Agreement dated August 25, <br />2003, which is attached hereto and incorporated <br />herein as Exhibit A. <br />Councilmember Aranowski made a motion to accept this amendment as read. Councilmember <br />Varner seconded the motion which carried by a voice vote of nine (9) ayes. M <br />