07-13-09 Common Council Meeting Agenda & Packet

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CHARTER SCHOOI DEVELOPMENT SPECIAL EXCEPTION PURSUANT 21-09.3(D} AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented wi]] comply with all bui]ding, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and genera] welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PL.2N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the $oard that this request for Special Exception shall be passed onto the City of South Bend Common Council with a; FAVORABLE RECOMMENDATION ADOPTED this I st Day of July, 2009 YES NO ® "MICHAEL URBANSKI ® RANDALL MATTHYS ® TACK YOUNG ® JACK HICKEY ® GERALD PHZPPS ® ROBERT HAWLEY ® JOE VELLEMAN