08-12-13 CommonCouncil Meeting Minutes

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REGULAR MEETING AUGUST 12, 2013 ORDINANCE NO. 10246-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION 2-213; CHAPTER 19, ARTICLE 3, SECTION 19-63 (c) (2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20-112 AND 20- 113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Scott made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4270-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1724 S. MAIN ST., 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 sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; 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 made a recommendation, pursuant 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: 1724 S. Main St. South Bend, Indiana 46613 In order to permit: a gymnastics studio in a “LI” District and a variance from the required 334 parking spaces to 40. 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 on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 5