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Zoning and Annexation Committee Meeting Minutes <br />February 25, 2008 <br />Page 3 <br />Mr. Hollingsworth noted that the decision to ask for a continuance was made in the last <br />hour. <br />Craig Bennett of 3417 Oakcrest Drive in South Bend, a homeowner association official, <br />stated that he believes that the Area Plan Commission did not give an unfavorable <br />recommendation just because of the number of people in attendance at their meeting; <br />noting concerns about their unwillingness to consider tabling the measure earlier. <br />Council Member Kirsits noted that the Committee has a long history of honoring <br />requests from petitioners for continuances. Such requests are not open to debate from <br />the public, therefore he has limited the public comments just to Mr. Bennett's. <br />The Council Attorney noted that under governing Indiana state law and local ordinance, <br />the Common Council has a maximum of ninety (90) days to take final action on <br />rezoning requests. The date begins from the date of certification received from Area <br />Plan. She noted that Mr. John W. Byorni, Executive Director of Area Plan sent a <br />certification letter on February 20, 2008. If the Council fails to take action within the <br />ninety (90) days, the action taken by APC would control. She added that since the <br />Petitioner has requested an indefinite continuance, instead of to a date certain, that the <br />request for a public hearing date would first be listed under "Unfinished Business" and <br />then set for a date certain at the next regular Council meeting. <br />Mr. Hollingsworth stated he wanted the continuance indefinitely. <br />Dr. Varner then made a motion, seconded by Council Member Oliver Davis that <br />Substitute Bill No. 08-08 be recommended to be continued indefinitely, at the request of <br />the Petitioner. The motion passed. <br />Council Member Kirsits thanked everyone for their emails, voice mails, and other <br />contacts, as well as for coming to the Committee meeting. He noted that the Zoning <br />Annexation Committee is looking for two (2) persons to serve as citizen members. He <br />encouraged anyone who is interested to stop and contact him or the Council Attorney <br />after the meeting. <br />Council Member Kirsits then adjourned the meeting at 4:08 p.m. <br />Respectfu/ll~y submitted, <br />Council Member AI "Bu y" Kirsits, Chairperson <br />Zoning and Annexation Committee <br />