12-11-06 Council Meeting Minutes

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REGULAR MEETINGDECEMBER 11, 2006 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. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, St. Joseph County, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner is seeking a special exception for off site parking on property located at 1902 Miami and 1110 E. Calvert St. The Board of Zoning Appeals gave a public hearing on November 16, 2006, at which time this bill is sent to the Common Council with a favorable recommendation. Ms. Pam Zahrt, 922 S. Beiger Street, Mishawaka, Indiana, made the presentation for this bill. Ms. Zahrt advised that they are requesting a special exception for off-site parking in “MU” and a variance from the total of two signs with a maximum allowable total of 4 square feet to one sign 32 square feet. She noted that the property and sign have been in existence since December of 2003 and have not caused injurious to the public health, safety, convenience or general welfare; nor is it injurious or will adversely affect the use of the adjacent area or property. Ms. Zahrt further noted that permits were granted, without debate, in December, 2003, and that this is consistent with the character of the district in which it is located and the land uses are authorized. This special exception is compatible with the recommendations of the City of South Bend Comprehensive Plan. She noted that they worked with the Miami Corridor to insure the integrity of the City of South Bend’s Plan on this property. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 10