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REGULAR MEETING <br />DECEMBER 12, 2005 <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 <br />area or property values therein; <br />3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br />4. The proposes use is compatible with the recommendations of the City of <br />South Bend Comprehensive plan; all of which is requested by the South <br />Bend Municipal Code §21-09.03 (i). <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 by <br />the Common Council and approval by the Mayor. <br />s/Charlotte D. Pfeifer <br />Member of the Common Council <br />Councilmember Kuspa, Chairperson, Zoning & 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. Charles Bulot, Assistant Zoning Administrator, Building Department, 125 S. <br />Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of <br />Zoning Appeals. <br />Mr. Bulot, advised that the petitioner is seeking a Special Exception for utilities, on <br />property located at 2335 Shields Drive. The Board of Zoning Appeals had a public <br />hearing on November 17, 2005 and sends this bill to the Common Council with a <br />favorable recommendation. <br />Mr. Steve Lengerich, Indiana Department of Environmental Management, 100 North <br />Senate Avenue, Indianapolis, Indiana, made the presentation for this bill. <br />Mr. Lengerich, advised that the Indiana Department of Environmental Management <br />(IDEM) is seeking a special exception to allow an ambient air monitoring station to be <br />located at 2335 Shields Drive near Maple Lane School. Mr. Lengerich stated that it is <br />important for the City of South Bend, Saint Joseph County and the State of Indiana to <br />keep an ambient air monitoring station in the area. The station will continue to measure <br />ozone, nitrogen dioxide, PMio (particulate matter less than 10 microns in side), PM zs <br />(particulate matter less than 2.5 microns in size), wind direction, wind speed, outdoor <br />temperature, relative humidity and solar radiation (LTV). These measurements will be <br />used to determine the attainment or nonattainment of United States Environmental <br />Protection Agency health-based air quality standards for the County. The monitor is <br />currently located across from Notre Dame University. The University plans to start <br />construction and renovations that will make the area unsuitable for ambient air <br />monitoring. The new location is close to the current location and already contains a <br />tower similar to the proposed station. <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. Councihnember Dieter made a motion to adopt this <br />