05-10-99 Council Meeting Minutes

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REGULAR MEETING MAY 10, 1999 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: 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 substantially with 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 /Sean Coleman Member of the Common Council Councilmember Kelly made a motion to hear the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this Resolution and recommends it to the Council favorably. Ms. Catherine Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Board that the Board of Zoning Appeals sends this bill with a favorable recommendation. She noted that this property has always been a combined residential /commercial use and is a legal non - conforming use. Mr. Robert Forrest, 1023 Lincolnway West, South Bend, Indiana, Petitioner, stated that the reason for the request is because he can only insure one -half of his property and cannot get a mortgage. He informed the Council that he needs this special exception because he needs to keep up his property. 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 Kelly made a motion to adopt the substitute version of this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes.