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REGULAR MEETING <br />MAY 20, 1991 <br />Council Chambers of the County -City Building on Monday, May 20, 1991, at 7:00 p.m. <br />The meeting was called to order and the Pledge to the Flag was given. <br />ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, <br />Puzzello, Slavinskas, Zakrzewski, Coleman and <br />Ladewski <br />Absent: Council Member Duda <br />REPORT FROM THE SUB- COMMITTEE ON MINUTES <br />To the Common Council of the City of South Bend: <br />The sub - committee has inspected the minutes of the April 22, 1991 meeting of the <br />Council and found them correct. <br />Therefore, we recommend the same be approved. <br />/s/ Tom Zakrzewski <br />/s /Don Niezgodski <br />Council Member Coleman made a motion that the minutes of the April 22, 1991 meetings <br />of the Council be accepted and placed on file, seconded by Council Member Ladewski. <br />The motion carried. <br />SPECIAL BUSINESS <br />RESOLUTION NO. 1865 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE E CITY OF SOUTH <br />BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD <br />OF ZONING APPEALS 4 -H FAIRGROUNDS, SOUTH BEND SHRINE CIRCUS <br />WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from <br />the Board of Zoning Appeals for approval or disapproval: and <br />WHEREAS, the Common Council has a period of thirty (30) days after the Board of <br />Zoning Appeals makes its recommendation to the Council, in which to take formal <br />action; and <br />WHEREAS, if it approves a Petition, the Common Council, must make the <br />determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it <br />grant an exception to allow a circus in "A" residential area. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, as follows: <br />Section I. The Common Council has provided notice of the hearing on the Petition <br />from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. <br />Section I. Following presentation by the Petitioner, and proper public hearing, <br />the Common Council hereby approves the Petition of the South Bend Board of Zoning <br />Appeals, Appeal No. 3594 , a copy of which is attached hereto and incorporated <br />herein by reference, and marked for purposes of indentification as Exhibit A. <br />Section III. The Common Council finds that: <br />(1) The approval will not be injurious to the public health, safety, morals, and <br />general welfare of the community; <br />(2) The use and value of the area adjacent to the property included in the <br />special exception will not be affected in a substantially adverse manner; <br />(3) The need for the special exception arises from some conditions peculiar to <br />the property involved; <br />(4) The strict application of the terms of the Zoning Ordinance will constitute <br />an unnecessary hardship if applied to the property for which the special exception <br />is sought; and <br />(5) The approval does not interfere substantially with the comprehensive plan <br />adopted by the City <br />Section IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are attached hereto and <br />incorporated herein and marked for purposes of identification as Exhibit B. <br />Section V. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />/s /Donald Niezgodski <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Council Member Luecke <br />