03-28-11 Common Council Meeting Minutes

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REGULAR MEETING MARCH 28, 2011 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 Al Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and after hearing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Mark Lyons, 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 for 501 W. South Street to allow for the expansion of the existing Stanley Coveleski Regional Stadium. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on March 2, 2011 at sends it to the Common Council with a favorable recommendation. Mr. Rafinski, Wightman Petrie, 412 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioners the City of South Bend Redevelopment Commission and the City of South Bend Park Department. Mr. Rafinski advised that the petitioners are requesting a special use exception for 501 West South Street. He noted that the property is currently zoned Central Business District, Mixed Use District, and General Business District, in Portage Township. He stated that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the proposed expansion to the existing Stanley Coveleski Stadium will enhance the current site conditions. This expansion will allow for future development making the downtown area a more attractive place for people to visit. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4091-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2222 WEST WASHINGTON SOUTH BEND, INDIANA 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 I.C. 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 11