11-14-11 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 14, 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: (618, 622, 626, 636 Lincolnway East, Vacant Land Adjacent to and East of 701 South Street and 611, 613, 701 South Street and 514 and 518 Rush Street, South Bend, Indiana) In order to permit: The Approval of Special Exceptions to be allowed to have the option to use the properties located at 618, 622, 626, 636 Lincolnway East, vacant land adjacent to and East of 701 South Street and 611, 613, 701 South Street and 514 and 518 Rush Street all in South Bend, Indiana for Single-family residential dwellings per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance and Approval of Special Exceptions to be allowed to use a portion of the properties located at 618, 622 Lincolnway East, 611 South Street and 514 and 518 Rush Street all in South Bend, Indiana for an Accessory Parking Lot per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance. 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; all of which is requested by the South Bend Municipal Code §21-09.03 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 Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Building Commissioner, Building Department, 125 S. Lafayette Boulevard, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. 16