08-26-91 Council Meeting Minutes

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RESOLUTION NO. 1886 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS, 4 -H FAIRGROUNDS, INTERNATIONAL CIRCUS HALL OF FAME. 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- 928.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a circus in "A" residential. 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- 11114- 1.5 -5. Section II. 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. 3627, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification 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 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. DONALD NIEZGODSRI Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas made the presentation for the bill. He read the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on August 26, 1991 at 7:20 p.m., with nine members present. Chairman Duda presiding. BILL NO. 44 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH. Council Member Slavinskas made a motion to continue this bill until September 9, seconded by Council Member Coleman. The motion carried. BILL NO. 48 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF LAPORTE STREET RUNNING SOUTH FROM COLFAX STREET, FOR A DISTANCE OF APPROXIMATELY 200 FEET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Paul Hayden, South Bend Heritage, made the presentation for the bill. He indicated they were requesting this vacation for the