02-14-94 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 14, 1994 WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14 -1.5- 5, requesting that a special exception be granted fro the property lcoated at: 420 and 422 N. William Street, South Bend IN 46601 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 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 adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bob Nagle, Asst. Zoning Administrator, indicated the Area Board of Zoning Appeals had recommended this to the Council favorable. David Merkin, attorney, made the presentation. He indicated he was vice president of Temple Beth -El and the Temple needed more off - street parking for safety reasons, therefore, a special exception was needed to have parking in "A" residential. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2096 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 317 WEST WASHINGTON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CENTRAL HIGH ASSOCIATES LIMITED PARTNERSHIP. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Beginning at the intersection of the East line of William Street and the North line of Washington Ave., in the City of South Bend, St. Joseph County, Indiana, thence 89P-481-0811 east along the North line of Washington, 430.07 feet (426.50 ft., records) to a Point on the West line of St. James Court (a 14.00 ft. wide Public Alley); thence North 000- 01' -34" East along said line, 411.05 feet (410.00 Ft. record); North 89°- 43' -16" West along the South line of Colfax Avenue (82.50 ft. side), 430.26 feet (426.36 ft., record); thence South 00 °- 00'00" West (assumed bearing) along the East line of William Street (66.00 ft. side), 411.66 feet (410.00 ft., record) to the Point of beginning. Containing 176,950.524 square feet or 4.06 acres. with said real estate having the following Key No. 18- 1023 -0977 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all