06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that this bill allows for text amendments to Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.03, Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Buildings, or Signs and to amend and add certain related Definitions in Chapter 21, Article 11. She stated that the proposed amendment establishes a more formalized procedure that determines whether a property can qualify as a legally established nonconforming use of land. The amendment proposes require and suggested submission materials, an application fee, and the issuance of a certificate, if appropriate. Based on information available prior to the public hearing the staff recommends this petition be sent to the Council with a favorable recommendation. Ms. Nayder advised that the Area Plan Commission held a public hearing on May 17, 2011 and sends this bill to the Common Council with a favorable recommendation. The ordinance establishes a formal process for the review and certification of legal non- conforming uses, allowing the Building Department to collect a wide range of information so as to make an informed decision. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello stated that she feels this bill allows for the firming up of regulations for declaring a property non-conforming. She also advised that it clears up property rights on whether it can be grandfathered in. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE Councilmember Dieter made a motion to continue this bill at the request of the petitioner until the June 27, 2011 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Oliver Davis made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to continue this bill until the June 27, 2011 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. 8