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REGULAR MEETING AUGUST 8, 2011 <br /> <br /> <br /> <br /> <br />Councilmember’s Dieter and Oliver Davis raised questions about security. <br /> <br />Councilmember Dieter stated that he cannot support this bill if security 24/7 is not a part <br />of the bill. <br /> <br />Councilmember Dieter made a motion to make security 24/7 a part of the bill. <br />Councilmember Henry Davis seconded the motion. <br /> <br />Mr. Swank stated that they will make security a priority and work through the issue. <br /> <br />Councilmember Dieter withdrew his motion; Councilmember Henry Davis withdrew his <br />second. <br /> <br />Councilmember Kirsits made a motion for favorable recommendation to full Council <br />concerning this bill. Councilmember Henry Davis seconded the motion which carried by <br />a voice vote of eight (8) ayes. <br /> <br /> <br />BILL NO. 46-11 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, AMENDING CHAPTER 21 <br />OF THE SOUTH BEND MUNICIPAL CODE, <br />ARTICLE 9 ADMINISTRATION, SECTION 21- <br />09.03 BOARD OF ZONING APPEALS AND <br />ARTICLE 14, SUBDIVISIONS, SECTIONS 21- <br />14.04 MINOR SUBDIVISIONS, 21-14.05, <br />MAJOR SUBDIVISIONS, 21-14.06, <br />SUBDIVISION REPLATS AND 21-14.09 (b) <br />VARIANCES <br /> <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and voted to send it to the <br />full Council with a favorable recommendation. <br /> <br />th <br />Mr. Derek Spier, Staff Member, Area Plan, Commission, 11 Floor County-City <br />Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this <br />bill. <br /> <br />Mr. Spier advised that the requested action is a text change, amending Chapter 21 of the <br />South Bend Municipal Code, Article 9 Administration, Section 21-09.03 Board of Zoning <br />Appeals and Article 14, Subdivisions, Sections 21-14.04 Minor Subdivisions, 21-14.05, <br />Major Subdivisions, 21-14.06, Subdivision Replats, and 21-14.09 (B) Variances. Section <br />I of the proposed ordinance amends the section of the zoning ordinance pertaining to the <br />powers of the Board of Zoning Appeals. State statutes now give the Board the authority <br />to place conditions upon the approval of variances. Sections II, III and IV change the <br />time frame for appealing subdivisions from 10 days to five days. Section V authorizes <br />the Plat Committee or the Plan Commission the right to grant waivers from requirements <br />of the subdivision ordinance. Previously, they could grant variances from the Ordinance. <br />The Ordinance language will now be consistent with the County Subdivision Ordinance. <br />Based on information prior to the public hearing, the staff recommends that the <br />amendments of the Cit of South Bend Zoning Ordinance be forwarded to the City of <br />South Bend Common Council with a favorable recommendation. These amendments are <br />in response to House Enrolled Bill 1311, which included numerous changes to the state <br />planning and development statutes. Mr. Spier advised that the Area Plan Commission <br />held a public hearing on Tuesday, July 19, 2011 and sends this to the Common Council <br />with a favorable recommendation. <br /> <br /> <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br /> 7 <br /> <br />