03-28-11 Common Council Meeting Minutes

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REGULAR MEETING MARCH 28, 2011 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 a two family dwelling in a "SF2" District for property located at 909 W. Colfax. Mr. Lyons stated 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. Marco Mariani, Executive Director, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that they purchased this property last fall and it's currently being used as a tri-plex and as they began development on the project it was determined that it was an illegal non-conforming use. In order to do any work on the project it is necessary for the Special Exception to allow a two family dwelling in a "SF2" District on the property located at 909 W. Colfax Avenue. 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 White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4093-11 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 3300 SAMPLE STREET 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 14