02/26/07 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 26, 2007 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied t the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse 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 no recommendation due to the lack of a quorum. Mr. Don Fozo, St. Joseph County Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioners are seeking a Special Exception to allow parking in "MU" to serve property zoned "CB" & a Special Exception to allow off site parking for "CB", on property located at 3003 Lincolnway West. Mr. Fozo stated that the Board of Zoning Appeals gave it a public hearing on January 18, 2007 and sends this bill to the Common Council with a favorable recommendation. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioner, Kuert Concrete, Inc. Mr. Feeney advised that the petitioned parcel is located at 3003 Lincolnway West and is at the northeast corner of Terrace Avenue and Lincolnway West. This parcel was previously used as a parking lot. The parcel is zoned MU Mixed Use District. The petitioner Kuert Concrete, Inc. would like to this site to serve as a parking lot for their office. Kuert Concrete is currently in the building located on the northwest corner of Terrace Avenue and Lincolnway West in the former Mr. Moo's Restaurant. This office is in the CB Community Business District. The petitioner is also seeking a parking lot setback variance from the required 20' setback to 5' along Terrace Avenue and Lincolnway West. A Pubic 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 eight (8) ayes. BILL NO. 07-19 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 121 NORTH ST. LOUIS BLVD.