08-26-19 Zoning and Annexation - Laserfiche WebLink

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CITY OFSOUTH BEND OFFICE OF THE CLERK a mistake made by a City Official? There is nothing in this document that addresses a liability issue. Committeemember Dave Matthews stated, Previously, I think the building commissioner had the option to not revoke the permit,but now they must revoke the permit. If it's a life safety issue then yes, we need to stop construction and make it right. If it's not a life safety issue and is the fault of or an oversight on the part of a City Official I feel that it would be nice to give the entrepreneur the option to do what needs to be done to come into compliance to allow them to build their building as opposed to saying you need to stop building. Ms. Smith stated, In speaking with our City Legal Department, there is a small legal phrase that can be added that essentially says that if all of the information that is turned in is accurate and in good faith by the petitioner and the permit is issued and there ends up being an oversight of something not at the fault of the builder the law requires that we have to let the builder continue. The building permit is not revoked for that reason because we cannot technically revoke a building permit for that. So it clarifies that if the error is a petitioner error they are given the opportunity to come into compliance, but if the error is on our side the builder is allowed to continue. Committeemember Jo M. Broden asked, Can we get a redline version of this bill? Why are we considering codifying this exemption language in the actual ordinance itself? I really want to understand the review and enforcement authority of who is in power to do what? How does this sit with regard to non-compliance relative to zoning issues? Can the sponsors address an electronic component of this issue in terms of electronic communications for all parties involved with issuing permits? Committee Chair Dr. Oliver Davis asked if there were anymore questions or comments from the Council. Seeing none, he then opened the floor to the public to speak in favor or opposition of Bill No. 22-19. Seeing none, Committee Chair Dr. Davis then asked the Council what their recommendation would be. Committeemember Gavin Ferlic made a motion to send Bill No. 22- 19 to the full Common Council of the City of South Bend with a favorable recommendation. The motion was seconded by Committeemember Dave Matthews and was carried by a voice vote of nine(8) ayes, and one (1) nay. Bill No. 19-50- Special Exception: 3423 Michigan St. Jordan Wyatt,from the St.Joseph County Department of Infrastructure, Planning and Growth with offices on the 11th floor of the County-City building state, The petitioners are requesting a special exception needs for a Child Care Center. The former Xavier School on Michigan Street, South Bend, IN is a temporary location for the Growing Kids facility that was damaged during the Tornado that happened on Ireland Road.This comes to you with a favorable recommendation from the Area Board Zoning Appeals. Greg Kill,Kill Architecture and Planning Studio at 1126 Lincoln Way East, South Bend, IN stated, As indicated, this building would be a temporary location for one (1) year while the Ireland Road building would be rebuilt. This happens to be consistent with a purchase that was made by La Casa, and they weren't going to use the building for a roughly nine(9)month or twelve(12)month period while they're doing some fundraising so it's a pretty good fit and will allow for the families that have been displaced to have a daycare center close to the location on the Southside of town. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov 5