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Alvxv ,~ r lvzzr ~r LIM zTEZ~ PAr ~ Nr;rzsr~zl? <br />SPECIAL EXCEPTION PURSUANT 21-09.3 (D) <br />BOARD OF ZONING APPEALS <br />CITY OF SOUTH BEND, INDIANA <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 <br />surrounding properties. <br />3. THE PROPOSED USE WII.L BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH <br />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 50UTH <br />BEND COMPREHENSIVE PLAN BECAUSE: <br />It is the feelin? of the Board that the variance is bending into the overall Comprehensive Plan and is not <br />deviating from its 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 South <br />Bend Common Council with a: FAVORABLE RECOMMENDATION <br />ADOPTED this 16th Day of April, ?009. <br />YES NO <br />® RICHARD KILBASE <br />® CHRISTOPH HOFFMAN <br />ABSENT MAURICE HOBAN <br />® ELONDA WILDER-HAMILTON <br />