01/22/07 Council Meeting Minutes

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REGULAR MEETING JANUARY 22, 2007 values therein. This proposed building will actually create a buffer area between the more intense Commercial uses that presently exist along the South side of Vaness Street and on the East side of Willis Avenue by the existing Automotive Tire and Service Center. The Petitioners believe this proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The petitioners believe this use will allow for a layering of land use types which, at the present, are high intensity Commercial uses along the South side of Vaness Street, Commercial use on the East side of Willis Avenue, Student Apartments to the Southwest of the Petition site and a mix ofsingle-family homes and quad-plex residential homes to the North. The Petitioners also believe that the approval of this Special Exception will be compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3687-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 736 COUNTRY CLUB LANE Whereas, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7- 4-918.6; and Whereas, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4 and Whereas, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5, requesting that a Special Exception be granted for the property located at: 736 Country Club Lane, South Bend, Indiana 46615. Lot 18-5141-5129, or Lot 11 Morris Country Club Add. In order to permit A special exception for an accessory dwelling. We would like to finish out the existing space over our stand alone garage as living space. This living space will primarily be used as a home office. We may also use it to house an occasional guest visiting on a short term basis. The space will be heated and include a bathroom. This will not be used as a rental unit It will be used for our own personal use only. 27