08-28-06 Council Meeting Minutes

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REGULAR MEETING AUGUST 28, 2006 Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it 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 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: 2720 Mishawaka, Ave., South Bend, Indiana, 46615 In order to permit a Fraternal Organization in a Mixed use zone. 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03(i). 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. Timothy A. Rouse Member of the Common Council Mr. Donald Fozo, Building Commissioner, St. Joseph County, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo stated that the petitioners, Turner of Michiana are seeking a Special Exception to allow a fraternal organization in a “MU” Mixed Use District. Mr. Fozo further advised that the Board of Zoning Appeals held a public hearing on July 20, 2006, and sends it to the Common Council with a favorable recommendation. Mr. William McLochlin, Director of Finance, Turners of Michiana, made the presentation for this bill. 3