06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 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: 700 West Ireland Road, South Bend, Indiana 46614 In order to permit the incidental sale of firearms as a part of Wal-Mart Supercenter retail store. 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 recommendation of the City of South Bend Comprehensive plan. 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/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee met and voted to send it to the full Council with a favorable recommendation. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow for a gun shop and for the sale of firearms at the property located at 700 W. Ireland Road. He stated that the Area Board of Zoning Appeals held a public hearing on April 6, 2011 and sends this bill to the Council with a favorable recommendation. Mr. Joseph D. Calderon, Bose, McKinney & Evans, LLP., 111 Monument Circle, Suite 2700, Indianapolis, Indiana, representing Wal-mart. Mr. Calderon stated that this is a request for Special Exception to allow Wal-Mart Supercenter located at 700 W. Ireland Road to re-introduce the sale of firearms within its larger selection non sporting goods, and pursuant to Section 21-03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms falls under Section 21-03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms falls under the classification of a “gun shop”, thus required a Special Exception. Mr. Calderon stated that it is about 29