05-09-05 Council Meeting Minutes

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REGULAR MEETINGMAY 9, 2005 Section III. The Common Council of the City of South Bend, Indiana, hereby find that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship is applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Chuck Bulot, Assistant Zoning Director, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is requesting to bring the existing non-conforming facility into conformance with the current zoning of LB Local Business. Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. The variance or use shall improve the appearance of the neighborhood and will no devalue the surrounding properties. Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. The conditions to this particular property does create an unusual and unnecessary hardship. It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. The decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Miguel Becerril. Mr. Feeney advised that Mr. Becerril is requesting a special exception at the petitioned parcel located at 3201 W. Western Avenue, South Bend, Indiana. This is the current site of an auto sales office. The site is currently zoned LB Local Business District. The site contains ample parking however the existing building encroaches over required setbacks. Therefore we are asking for the special use.Mr. Feeney stated that the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Adequate utilities, access road, drainage and/or necessary facilities shall be provided and approved by appropriate 14