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REGULAR MEETING MAY 10, 2010 <br /> <br /> <br /> <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: <br /> <br />6879 Enterprise Drive, South Bend, IN 46628 <br /> <br />In order to permit a portion of the building to be used for a Gymnastics Studio classified <br />under a “Recreation Use” in the Special exception section of the Light Industrial <br />Ordinance. This use would also require a variance for a reduction in the required parking <br />spaces from 640 to 40 spaces. <br /> <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 /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <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 /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <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 /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption 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 Kirsits, 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 <br />full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette <br />Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a Special Exception for property located <br />at 6879 Enterprise Drive, in order to permit a portion of the building to be used for a <br />Gymnastics Studio classified under a “Recreation Use” in the special exception section of <br />the Light Industrial Ordinance. This use would also require a variance for a reduction in <br />the required parking spaces from 640 to 40 spaces. He stated that the Area Board of <br />Zoning Appeals gave it a Public Hearing on April 7, 2010 and sends it to the Common <br />Council with a favorable recommendation. <br /> <br />Mr. Paul Phair, Holladay Properties, 227 S. Main Street, South Bend, Indiana, made the <br />presentation on behalf of Adam and Camile Cole from the Elite Sports Academy, owners <br />of the gymnastics facility that hope to occupy the space in this building. Mr. Phair <br />advised that this is an existing 80,000 square foot building along the Toll Road. He <br /> 11 <br /> <br />