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REGULAR MEETING SEPTEMBER 9, 2002 <br />SECTION I. The Common Council has provided notice of the hearing on the Petition from <br />the 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 />2805 Mishawaka Avenue <br />South Bend, IN 46615 <br />in order to permit a combined use of Residential and Commercial in "C" Commercial, Zoned "C" <br />Commercial and "d" Height and Area. <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, a <br />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 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 <br />sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan adopted <br />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 the City <br />Clerk. <br />SECTION V. This 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/Roland Kelly <br />Member of the Common Council <br />Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on <br />this bill this afternoon and sends it to the Council with a favorable recommendation. <br />Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, <br />Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. <br />Mr. Fozo advised that this petition was heard by the Board of Zoning Appeals at its August 15, 2002 <br />meeting and is sent to the Council with a favorable recommendation. It is a special exception <br />petition for a combined use in a "C" Commercial District to allow a commercial use as an office <br />along with a residential use. <br />Mr. Kenny Gean, representing Emerick Appraisal Company, 3524 Mishawaka Avenue, South Bend, <br />-15- <br />