05-20-91 Council Meeting Minutes

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REGULAR MEETING MAY 20, 1991 Council Chambers of the County -City Building on Monday, May 20, 1991, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman and Ladewski Absent: Council Member Duda REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 22, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the April 22, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Ladewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1865 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE E CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS, SOUTH BEND SHRINE CIRCUS WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 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 has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a circus in "A" residential area. 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, 5- 14- 1.5 -5. Section I. Following presentation by the Petitioner, and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No. 3594 , a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of indentification as Exhibit A. Section III. The Common Council 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 some 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 the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. 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 /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke