10-11-93 Counicl Meeting Minutes

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RESOLUTION NO. 2076 -93 A RESOLUTION OF THE COMMON COUNCIL 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 833 SOUTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615. 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 WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; 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 SOUTH 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 for the property located at: 833 S. Ironwood Dr., South Bend IN 46615 in order to permit parking in a Residential district where area is adjacent to Commercial, pursuant to Section 21 -112 (a) (6). 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. that: Section III. The Common Council of the City of South Bend, Indiana hereby finds 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney, made the presentation for the resolution. He indicated he represented the petitioners in requesting an exception additional parking at the Walgreen's store on Mishawaka Avenue. He indicated there has been a parking problem at that location since the store was built and they are acquiring the property at 833 Ironwood, in order to help alleviate the problem. He read a letter from the property owner at 829 S. Ironwood, in favor of this exception. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolution, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2077 -93 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1977 (COLE ASSOCIATES, INC. PROJECT. The City of South Bend ( "City ") issued its Industrial Development Revenue Bond ( "Cole Associates, Inc. Project ") in the aggregate principal amount of Nine Hundred Ninety -Five Thousand Dollars ($995,000) pursuant to a Lease and Trust Indenture dated September 19, 1977 ( "Indenture ") from the City to St. Joseph Bank and Trust Company