04-13-92 Council Meeting Mniutes

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Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:50 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8254 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS IN THE CITY OF SOUTH BEND, INDIANA, FOR LINDA GLAZIER, MADELINE KIRCHHEIMER KENDALL & KEVIN POWERS, ADMINISTRATORS FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER, C/O BAKER & DANIELS, 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601. This bill had third reading. Council Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. NO. 8255 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 W. WASHINGTON STREET AND 124 S. SCOTT STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1926 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS TO ALLOW ANTIQUE SALES, CAR SHOWS, RODEOS, THRIFT SALES AND CIRCUSES AT THE 4 -H FAIRGROUNDS. 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 for antique sales, car shows, rodeos, thrift sales and circuses 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- 14- 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. 3645, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of idenification 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 effects from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke