12-14-92 Council Meeting Minutes

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455 REGULAR MEETING DECEMBER 14, 1992 ORDINANCE NO. 8329 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.2 ENTITLED "POTAWATOMI ZOO NON - REVERTING CAPITAL IMPROVEMENT FUND ", NEW SECTION 2 -170.3 ENTITLED "MUNICIPAL GOLF COURSES NON - REVERTING CAPITAL IMPROVEMENT FUND ", AND NEW SECTION 2 -170.4 ENTITLED "PARK AND PICNIC FACILITIES NON - REVERTING CAPITAL IMPROVEMENT FUND ". This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION 92 -87 A RESOLUTION 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 115 OHIO STREET, SOUTH BEND, INDIANA 46601 Council Member Slavinskas made a motion to defeat this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1993 -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 FOR THE PROPERTY LOCATED AT THE VACANT PARTIAL LOT IMMEDIATELY SOUTH OF THE TAYLOR & MOYER INSURANCE OFFICE BUILDING AT 1416 MISHAWAKA AVENUE, SOUTH BEND, INDIANA. 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; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow using the vacant lot for employee and customer parking. 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 the vacant partial lot immediately South of the Taylor & Moyer Insurance office building at 1416 Mishawaka Avenue, South Bend, Indiana, in order to permit parking for employees and customers. 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 attached hereto and incorporated herein by reference, and marked for purposes of identification as exhibit A. Section III. The Common Council of the City of South Bend, Indiana hereby 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 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 attached hereto and incorporated herein and marked for purposes of identification as Exhibit B.