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REGULAR MEETING FEBRUARY 13, 2006 <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds <br />that: <br />1. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br />2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br />3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br />4. The proposed use is compatible with the recommendation of the City of South <br />Bend Comprehensive plan; <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of <br />the City Clerk. <br />SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> s/Timothy A. Rouse <br /> Member of the Common Council <br />Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and sends it to the full <br />Council with a favorable recommendation. <br />Mr. Don Fozo, Building Commissioner, 125 S. Lafayette Street, South Bend, Indiana, <br />presented the report from the Board of Zoning Appeals. <br />Mr. Fozo advised that the petitioner Living Word Community Church is seeking a <br />Special Exception for off-site parking, on property located at 2105 Miami Street, zoned <br />“MU” Mixed Use. The Board of Zoning Appeals gave it a public hearing on January 19, <br />2006, and sends it to the South Bend Common Council with a favorable <br />recommendation. <br />Mr. Lloyd Decesaro, Pastor, Living Word Community Church, 2002 Miami Street, South <br />Bend, Indiana, made the presentation for this bill. <br />Mr. Decesaro advised that church is seeking a special exception to allow off site parking, <br />and to reduce the required number of parking spaces from twenty-six (26) to twenty (20). <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Dieter made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of eight (8) ayes. <br />RESOLUTION NO. 3358-06 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE SOUTH <br /> BEND BOARD OF ZONING APPEALS FOR <br /> THE PROPERTY LOCATED AT 318 SOUTH <br /> KENMORE <br />WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give <br />notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions <br />from the Board of Zoning Appeals for approval or disapproval; and <br />5 <br /> <br />