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Board of Zoning Appeals <br />August 10, 2010 <br />Page 3 <br />to the waivers requested here regarding the tower type and landscaping, will <br />comply with all of the applicable development standards. <br />D. Standards for Special Exceptions (LC. ~ 36-7-4-918.4). <br />Approval of the requested special exception and waiver will not be <br />injurious to the public health, safety, morals and general welfare of the <br />community for a number of reasons. First, the requested special exception <br />involves the construction of a telecommunications tower within a general <br />industrial site and will satisfy, subject to the waiver requested within this <br />petition, all applicable development standards. Secondly, the location of <br />the telecommunications tower will assure that proper communications will <br />be established and maintained between the Transpo Operations Facility <br />and Transpo personnel operating Transpo public transportation vehicles. <br />2. The use and value of the area adjacent to the property included in the <br />special exception will not be affected in a substantially adverse manner. <br />The district was designed for industrial uses and the construction of the <br />telecommunications tower will not adversely impact any other property <br />owners with the district. <br />3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein. As previously <br />stated, the construction of the telecommunications tower is consistent with <br />the applicable development standards, subject to the waivers requested <br />herein. <br />4. The proposed use is compatible with the recommendations of the City of <br />South Bend Comprehensive Plan. Transpo's purchase of the former South <br />Bend Stamping plant property for the construction of its new operations <br />facility provided the resources to demolish the vacant plant and facilitated <br />the creation of Ignition Park. Transpo would not easily be able to <br />maintain its operations facility at the location if it was not able to <br />communicate with its drivers in an efficient way. The construction of the <br />telecommunication tower within the site is integral to that plan. <br />E. Identification of Person Presenting Petition. In addition to representatives of <br />Transpo, the following may present the Petition on behalf of the Petitioner: <br />Michael D. Hardy, Esq. <br />Barnes & Thornburg LLP <br />100 North Michigan, Suite 600 <br />South Bend, Indiana 46601 <br />Telephone: (574) 237-1233 <br />BARNES&THORNBURG LLP <br />