08-11-03 Council Meeting Minutes

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REGULAR MEETING AUGUST 11, 2003 he stated that there is a world of difference. However, there is an inherent problem in the fact that these ladies live so close to a high traffic area. In regards to the fact that there are already eight (8) establishments serving liquor, his business would only be adding another twelve per cent (12 %). Mr. Heintzelman stated that South Bend Avenue is a commercial area and it is not going to change. He noted that Coach's and the Linebacker are open until 3 p.m. and Between the Buns is open until midnight. As far as litter is concerned, Mr. Heintzelman stated that he will clean it. In regards to parking, the parking situation was approved by the Board of Zoning Appeals. There are a total of sixty three (63) spaces. At 5:00 p.m. the employees of Wissco leave and patrons of his establishment will come in. He noted that there are adequate parking spaces even with the liquor store and at the height of parking for Wissco. In regards to the letter which he sent to residents, it was sent as an appeal to the neighbors inquiring if they had any questions or concerns. He did talk with some of the residents and did not feel that there were any objections. However, he did not talk to the Mundt's. Mr. Heintzelman stated that he believes that the Mundt's main objection is the fact that they are in a commercial area and that is going to be problem whether it is his business or another business. Councilmember King made a motion to adopt this Resolution. Councilmember Kelly seconded the motion. Council Attorney Kathleen Cekanski- Farrand advised that in light of the attachments to the Resolution she wanted to make it clear that when Mr. Fozo gave his recommendation from the Board of Zoning Appeals it did state in the letter of July 18th that it was subject to this particular owner and also under the Petition under conditions or revisions states subject to this particular owner only. She noted that Section IV of the Resolution also contains standard language in that approval is subject to the Petitioner complying with reasonable conditions established by the Board of Zoning Appeals which are on file with the office of the City Clerk. She stated that she did not want the Council or the public to confuse the language of the Resolution with the conditions that were set by the Board of Zoning Appeals. She noted that this was discussed at the committee meeting and she has checked the governing state law. Again, the special use that is being requested would run with the land and not a particular owner. Councilmember King modified his motion and moved that the Council adopt the Resolution strictly with respect to the content of the Resolution itself irrespective of any attachments. Councilmember Kirsits seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3221 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 214, 218, 220 S. CHAPIN STREET AND 745 - 749 W. WAYNE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and 1