03-28-11 Common Council Meeting Minutes

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REGULAR MEETING MARCH 28, 2011 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 I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 2222 West Washington Street, South Bend, Indiana 46628 In order to permit A Special Use to Allow an Indoor Soccer Facility. 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 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 to allow for an indoor recreational/indoor soccer facility on the property located at 2222 W. Washington Street. He noted that the Area Board of Zoning Appeals held a Public Hearing on March 2, 2011 and sends this bill to the Common Council with a favorable recommendation. Mr. Michael Lipsky, 115 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Mr. Manuel Villegas, Mr. Marco Villegas and Mr. Juan Ramirez. 12