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REGULAR MEETING JANUARY 28, 2013 <br /> <br /> <br /> <br /> <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 Appeals, <br />a copy of which is on file in the Office of the City Clerk. <br /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds <br />that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of South <br />Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- <br />09.03 <br /> <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 the City <br />Clerk. <br /> <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 /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that <br />this 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 /> <br />Mr. Andrew Elegante, General Manager, South Bend Brew Works, 128 S. Scott St. Apt. 6, South <br />Bend, Indiana, made the presentation for this bill. <br /> <br />Mr. Elegante advised that South Bend Brew Works is a beer and wine making supply store <br />located at 216 S. Michigan Street. He stated that the plan is to brew craft beer in the basement of <br />the store and then serve it in a taproom upstairs. He stated that the pub also would serve locally <br />sourced food and nonalcoholic sodas. Mr. Elegante stated that the ultimate goal is to restore the <br />former Old State Theatre and turn it into a downtown destination for arts and entertainment. Mr. <br />Elegante asked the Council for their favorable consideration. He noted that if this bill is adopted <br />that one of their first beers is going to be called “Nine Ayes.” <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />Councilmember Dr. David Varner made a motion to adopt this Resolution. Councilmember <br />Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call <br />vote of nine (9) ayes. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />15 <br /> <br /> <br />