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REGULAR iV1EETING ANUARY IO 2QDS <br />SECTION I. The Common Council has provided notice of the hearing on the Petition from the <br />Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special <br />exception be granted for the property located at <br />l,ot 1011 & W I/z Vac Alley Lasale Parl< <br />in order to permit <br />a Special Exception to allow for automobile sales in "CB" Community Business, and a <br />variance from the required 1 S' setback for parking/display to 0' set back along Chicago Street and <br />Western Avenue <br />SECTION lI.. Followiug a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, <br />a copy of which is on file in the Office of the City Cleric. <br />that: <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds <br />1. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community; <br />2. The use and value of the area adjacent to the property included in the special <br />exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arses from specific conditions peculiar to the <br />property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which this special exception is <br />sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan <br />adopted by the City of South Bend. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions <br />established by the Board of Zoning Appeals which are on file in the Office of the City Clerk. <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption by the <br />Common Council and approved by the Mayor. <br />Charlotte D. Pfeifer <br />Member of the Common Council <br />Councilmember Kirsits made a motion to correct a scrivners error in the legal description the <br />correct spelling of .LaSalle. Councilmember Puzzello seconded the motion which carried by a <br />voice vote of nine (9) ayes. ' <br />Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this <br />committee held a Public Hearing on this bill this afternoon and voted to send it to the full <br />Council with a favorable recommendation. <br />Mr. Donald F. Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South <br />Bend, Indiana gave the report from the Board of Zoning Appeals. <br />18 <br />