09-11-00 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 11.2000 EXCEPTION REQUEST: 1.) Request approval of an exception under the City of South Bend Zoning Ordinance, Division 2., Exceptions to District Regulations, Section 21- 117.05 "Exception in "C" Commercial Districts, (a) A residential dwelling unit (I.E. an apartment) on the second floor of an existing commercial structure." SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 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; 3. 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 substantiallywi'th the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, noted that the Board of Zoning Appeals heard this petition on August 17, 2000 and sends it to the Council with a favorable recommendation. It is for a combined use in "C" Commercial with commercial use on the main level and a residence on the second level. Mr. Mike Danch, President, Danch, Hamer & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation for this bill representing the petitioner Mr. David Herbster. Mr. Danch noted that this property is located on the southwest corner of Stull Street and South Michigan Street and is the former Hayes Funeral Home. Mr. Herbster intends to open up a bridal shop on the first floor. The second floor was used as an apartment when it was used as a funeral home as that is where the actual residence was located. Under zoning requirements, in order to rent that second floor, which is approximately three thousand square feet (3,000), a special use exception is required. A Public Hearing was held on the Resolution at this time. 1 fl