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REGULAR MEETING <br />JANUARY 9, 2006 <br />1. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br />2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br />3. The proposed use will be consist with the character of the district in which it is <br />located and the land uses authorized therein; <br />4. The proposed use is compatible with the recommendation of the City of South <br />Bend Comprehensive plan; <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of <br />the City Clerk. <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approval by the Mayor. <br />s/Timothy A. Rouse <br />Member of the Common Council <br />Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and voted to send it to the <br />full Council with a favorable recommendation. <br />Mr. Don Fozo, Building Commissioner, City of South Bend, St. Joseph County, Indiana, <br />presented the report from the Board of Zoning Appeals. <br />Mr. Fozo advised that the petitioner is seeking a Special Exception to allow a single <br />family resident in "MU" Mixed Use. The Board heard this petition at its December 15, <br />2005 meeting and sends it to the Council with a Favorable Recommendation. <br />Mr. Charles Keith Wishmeier, 119 N. Taylor Street, South Bend, Indiana, made the <br />presentation for this bill. <br />Mr. Wishmeier stated that he is seeking a Special Exception for Single Family in "MU" <br />Mixed Use. This will permit return of property to its original use as a small Single <br />Family residence. Presently there are Single Family residences immediately adjacent to <br />the north and the south. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this <br />Resolution. Councilmember White seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of eight (8) ayes. <br />RESOLUTION NO. 3550-06 A RESOLUTION OF THE CONIMON <br />COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING A <br />PETITION OF THE SOUTH BEND <br />BOARD OF ZONING APPEALS FOR <br />THE PROPERTY LOCATED IN THE 300 <br />BLOCK OF WEST EWING AVENUE, <br />SOUTH BEND, INDIANA <br />WHEREAS Indiana Code Section 36-7-4-918.6, requires the Common Council to give <br />notice pursuant to Indiana code Section 5-14-1.5-5, of its intention to consider Petitions <br />from the Board of Zoning Appeals for approval or disapproval; and <br />