09-14-09 Common Council Meeting Agenda & Packet

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TASTE OF MEXICO SPECIAL E};CEPTIOI~T PURSUANT?1-09.3(D) .AREA BOARD OF ZONING .APPEALS FINDINGS OF FACT l . 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 will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 3. 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 FROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN ~~HICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the propert}~ predate the Zoning Ordinance, which creates a different condition for this properC/. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATI01~'S OF THE CITY OF SOUTH BEND COMPREHEA~SIVE PL.?N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVOR4BLE RECOMMENDATION- ADOPTED this 2ND Day ofAuRust. 2009 YES NO ~ MICHAEL URBANSKI ABSENT RANDALL MATTHYS ~ SACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAV/LEY ® JOE VELLEMAN