04-11-11 Common Council Meeting Minutes

Home Browse Search

REGULAR MEETING APRIL 11, 2011 ORDINANCE NO. 10083-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4094-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 324 WEST GARST STREET, SOUTH BEND, INDIANA 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 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: 324 Garst Street, South Bend, IN 46601 In order to permit to construct and operate a 240’ telecommunication tower on property classified general industrial, a Variance of Developmental Standards from a maximum height of 200’ to 240’, a Variance from a monopole-type tower to a lattice-type self support tower and a Variance from the required landscaping on the south side of the facility to no landscaping on the south side of the facility. 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; 10