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REGULAR MEETINGOCTOBER 10, 2005 <br /> SECTION I. The Common Council has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, <br />requesting that a special exception be granted for the property located at 3826 Cleveland <br />Road to allow for an unmanned communications tower. <br />SECTION II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the Petition of the South Bend Board of <br />Zoning 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 <br />finds that: <br />1. The approval will not be injurious to the public health, safety, morals, and <br />general welfare of the community; <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 />3. The need for the special exception arises from specific conditions peculiar <br />to the property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute <br />an 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 <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br />SECTION V. This Resolution shall be in full force and effect from and after its <br />adoption 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 met this afternoon and it was the consensus of the Committee to send this <br />bill to the full Council with a favorable recommendation. <br />Mr. Don Fozo, St. Joseph County Building Commissioner, gave the Board of Zoning <br />Appeals report. <br />Mr. Fozo advised that the Board of Zoning Appeals held a public hearing on September <br />15, 2005, and sends this bill to the Common Council with a Favorable Recommendation. <br />Mr. Charles S. Hayes, 814 Marietta Street, South Bend, Indiana, made the presentation <br />for this bill. <br />Mr. Hayes advised that the petitioned parcel is located at 3826 Cleveland Road. The <br />current site is vacant and is within LI Light Industrial Zoned District. Mr. Hayes stated <br />that he wishes to construct an unmanned communications tower on this site. <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 Varner made a motion to adopt this <br />Resolution. Councilmember Kuspa seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of seven (7) ayes. <br />6 <br /> <br />