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Board of Zoning Appeals — October 18, 2007 <br />MR. HOFFMAN: Have you found any clients yet? <br />MR. KIAI: No yet. We had started advertising and we didn't know we had to be rezoned so we had to pull <br />back. So we had to stop that process and wait till we are approved. <br />MR. HOBAN: If I understand correctly the Special Exception, if the property is sold, the new owner would <br />have to come back? No? <br />MR. FOZO: Special Exception does. go with the property. As long as it is operated identical to the way it is <br />being proposed, it would go with that property. If there was any major changes or a different use, of course <br />yes, they don't have any right to make any changes. A Special Exception is granted to the property and <br />remains with the property, so even if it became vacant for a one year period they could go back and open it up <br />again according to the way it's being spelled out now. <br />A motion to send the Special Exception to the Common Council with a Favorable Recommendation was <br />made by Ms. Wilder - Hamilton and seconded by Mr. Kilbase. The motion carried unanimously. <br />After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the <br />Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition was sent to the Common Council with <br />a Favorable Recommendation. <br />Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special <br />Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding <br />of Facts. <br />PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION <br />OTHER BUSINESS: <br />Con <br />