01-13-03 Council Meeting Minutes

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REGULAR MEETING JANUARY 13, 2003 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kuspa reported that the Zoning & Annexation Committee held a meeting this afternoon and this bill comes to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, advised that the Board of Zoning Appeals heard this petition at its December 19, 2002 meeting and sends it to the Council with a favorable recommendation. This petition is to allow a combined use within a commercial zoned piece of property. It will be used for an office and a residence. Mr. Mike Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill, representing the Petitioners and the Contingent Purchaser. Mr. Danch stated that the Petitioners are asking for this Special Exception to use a portion of the property located on Chapin Street for residential purposes. The existing houses on the corner of Thomas and Chapin Street are zoned "C" Commercial and the Contingent Purchasers would like to use the north structure as their residence and the south structure as their office and in order to do that this Special Exception is required. The Contingent Purchasers would like to purchase both of these structures but the only way to do that, in this particular case, is to have the Special Exception approved. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes.