12-14-92 Council Meeting Minutes

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46 REGULAR MEETING DECEMBER 14, 1992 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bob Nagle, assistant zoning administrator, indicted this exception had received a favorable recommendation from the BZA. Rahul Sarkar, of Valley Engineering made the presentation for the resolution. He indicated they were requesting this exception in order to allow the use of a vacant lot for employee and customer parking. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1994 -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 1716 SOUTH MICHIGAN STREET 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 Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been an apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. 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: 1716 South Michigan Street, South Bend, Indiana 46616 in order to permit Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been an apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. 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 he 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.