02-22-93 Council Meeting Minutes

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499 REGULAR MEETING FEBRUARY 22, 1993 The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS BILL NO. 92 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE INDIANA GENERAL ASSEMBLY TO PASS LEGISLATION ALLOWING SECOND CLASS CITIES WITHIN ST. JOSEPH COUNTY, INDIANA, TO HAVE NINE (9) DISTRICTS FOR COUNCIL REPRESENTATION. A public hearing was held on the resolution at this time. Council Member Slavinskas made a presentation on this bill. He indicated this bill had been continued in the public portion in the meeting of December 28, 1992. Mario Sims, of the NAACP, 1050 N. Johnson; Lee Brummett, 1129 Diamond Avenue; Reverend Timothy Rouse, 914 Lincoln Way West; Edgar Wilson, 401 E. Colfax; Joyce Boaler, 1606 Hillsdale; Gene S. Oakley, 2614 York Road; Mike Holmes, 1709 Rerick Street; Glenda Rae Hernandez (per letter read by Council Member Puzzello); Hardy Blake, 144 N. Summitt, all spoke in favor of this resolution. After a lengthy discussion by various members of the Council, Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was defeated by a roll call vote of 2 ayes (Council Members Slavinskas, Washington) and seven nays.) RESOLUTION NO. 2012 -93 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 2017 LINCOLNWAY WEST, SOUTH BEND, INDIANA 46628. 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 regAred to make a determination in writing on such requests pursuant to ir,dian-- Code Section 36 -7 -4- 918.4; and WHEREAS, the Sout' Board of Zoning Appeals has recommended favorable that it grant an exceptic. suant to applicable state law. 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: 2017 Lincoln Way West, South Bend IN 46628 in order to permit: special exception to Douglas S. Taelman for combined use to allow residential use of second floor apartment, the first floor to be a hair styling salon which the applicant will operate. 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. 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 Zoniung 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. 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.