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REGULAR MEETINGJUNE 27, 2005 <br />SECTION II. Following 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 <br />Appeals, a copy of which is on file in the Office of the City Clerk. <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds <br />that: <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 arises 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 sought; <br />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 <br />conditions established by the Board of Zoning Appeals, which are on file in the office of <br />the City Clerk. <br />SECTION V. This 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/Charlotte D. Pfeifer <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 sends it to the full <br />Council with a favorable recommendation. <br />Mr. Charles Bulot, Assistant Director, St. Joseph County Building Department, 125 S. <br />Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning <br />Appeals. <br />Mr. Bulot advised that the Board of Zoning Appeals held a public hearing on May 19, <br />2005 and found that the proposed development and use as presented will comply with all <br />building, fire safety, traffic, and parking regulations as to not being injurious to the public <br />health, safety, morals, and general welfare of the community. The variance or use shall <br />improve the appearance of the neighborhood and will not devalue the surrounding <br />properties. The use is similar to that of several properties in the area. It is the feeling of <br />the Board that the variance is blending into the overall Comprehensive Plan and is not <br />deviating from its intent; therefore, the Board sends this petition to the Common Council <br />with a favorable recommendation. <br />Mr. Andrew Nemeth, 822 E. Jefferson Blvd., South Bend, Indiana, representing the <br />property owner Mr. Pete Mullen and the contingent purchasers, Catholic Worker of <br />Michiana, made the presentation for this bill. <br />Mr. Nemeth advised that Catholic Worker of Michiana is seeking a special exception to <br />the current zoning “LI,” Light Industrial, to allow for a location for food distribution (not <br />sales of food) to men in the community. This approval will not be injurious to the public <br />health, safety, morals and general welfare of the community, it will only enhance the <br />health and safety of the local neighborhood and the community at-large by taking a <br />vacant building that has been vacant for over two (2) years and utilizing its space <br />7 <br /> <br />