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06-13-11 Common Council Meeting Minutes
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06-13-11 Common Council Meeting Minutes
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REGULAR MEETING JUNE 13, 2011 <br /> <br /> <br /> <br /> <br /> SECTION I. The Common Council has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, <br />requesting that a Special Exception be granted for the property located at: 700 West <br />Ireland Road, South Bend, Indiana 46614 <br /> <br />In order to permit the incidental sale of firearms as a part of Wal-Mart Supercenter retail <br />store. <br /> <br /> SECTION II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan. <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <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 /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br /> <br />Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, <br />reported that this committee met and voted to send it to the full Council with a favorable <br />recommendation. <br /> <br />Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, <br />Indiana, presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a Special Exception to allow for a gun <br />shop and for the sale of firearms at the property located at 700 W. Ireland Road. He <br />stated that the Area Board of Zoning Appeals held a public hearing on April 6, 2011 and <br />sends this bill to the Council with a favorable recommendation. <br /> <br />Mr. Joseph D. Calderon, Bose, McKinney & Evans, LLP., 111 Monument Circle, Suite <br />2700, Indianapolis, Indiana, representing Wal-mart. <br /> <br />Mr. Calderon stated that this is a request for Special Exception to allow Wal-Mart <br />Supercenter located at 700 W. Ireland Road to re-introduce the sale of firearms within its <br />larger selection non sporting goods, and pursuant to Section 21-03.05(a)(2)(G) of the <br />South Bend Zoning Ordinance, the sale of firearms falls under Section 21-03.05(a)(2)(G) <br />of the South Bend Zoning Ordinance, the sale of firearms falls under the classification of <br />a “gun shop”, thus required a Special Exception. Mr. Calderon stated that it is about <br /> 29 <br /> <br />
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