10-25-10 Common Council Meeting Minutes

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REGULAR MEETINGOCTOBER 252010 , SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full council with a favorable recommendation subject to the conditions established at the Area Board of Zoning Appeals at their October 6, 2010 meeting. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow an accessory dwelling and from the maximum allowable 17’ height to 21’ 10” for an accessory building and from the required 6’ side yard setback to 3’, on property located at 1832 Campeau Street, Portage Township, zoned “SF 1.” Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on October 6, 2010 and sends this bill to the Common Council with a favorable recommendation, subject to the accessory structure to be part of the primary in terms of number of people allowed for occupancy in a “SF1” District. Mr. Joseph Crimmins, 1832 Campeau Street, South Bend, Indiana, made the presentation for this bill. Mr. Crimmins advised that he is seeking a special exception to construct a garage/accessory dwelling building. He stated that the structure primary use is a two car garage with a second level space that may be used as a loft living space with a bath, small kitchen and laundry area. Mr. Crimmins stated that he has a son who was born with Down syndrome. He stated that he would like for him to have a place he can call his own and this would make that possible. A Public Hearing was held on the Resolution at this time. 15