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• <br /> Following discussion, Council Member Kelly made a motion, seconded by Council Member <br /> Puzzello, that Bill No. 04-130 be recommended favorably with the verbal commitment <br /> recommended by Council President Pfeifer. The motion passed. <br /> Council Member Kuspa then asked for a presentation on Bill No. 04-131 which would approve a <br /> petition of the Board of Zoning Appeals for 3817 West Western Avenue. <br /> Building Commissioner Don Fozo reported that the Board of Zoning Appeals at their meeting of <br /> December 16,2004 had a public hearing on the Bill and sends it to the Council with a favorable <br /> recommendation, with the vote being 5-0. He noted that the requested variances were also <br /> approved. He noted that auto sales are considered a special exception under the new zoning <br /> ordinance. <br /> The petitioner, Jose L. Consuelo, of 1631 South Kendall made the presentation. He noted that <br /> the property is on the northeast corner of Chicago and Western. <br /> Council President Pfeifer inquired if the petitioner met with the neighbors since she received <br /> calls from the LaSalle Neighborhood Association who are opposed to the request. She noted that <br /> Chicago has a residential neighborhood which would be near the site. <br /> Mr. Consuelo stated that he currently sells cars from 2517 Western,where he rents and he would <br /> close his operation there. <br /> Mr. Fozo noted that at the December 16th BZA meeting several residents came to the public <br /> hearing and voiced concerns with regard to the variances. He noted that once they heard that <br /> everything would be fenced they had no problems. He also noted that additional landscaping <br /> will be required as a condition of the variances. <br /> Mr. Consuelo noted that the property was a body shop before. <br /> In response to a question from Dr. Varner, it was noted that there would be 25-30 vehicles on the <br /> site and that all would be within the fenced area. <br /> Council Member Kelly made a motion, seconded by Council Member Puzzello that Bill <br /> No.04-131 be recommended favorably to Council. The motion passed. <br /> There being no further business to come before the Committee, Council Member Kuspa <br /> adjourned the meeting at 5:40 p.m. <br /> Respectfully submitt , <br /> Council Member Ervin Kuspa, airperson <br /> Zoning and Annexation Committee <br /> KCF:kmf <br /> Attachments <br /> Zoning and Annexation Committee of the 2005 South Bend Common Council -page 5- <br />