11-10-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING NOVEMBER 10, 2008 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: (900 Block of Oliver Plow Court, South Bend, Indiana) In order to permit: The Approval of a Special Exception to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance. 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; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and due to the lack of a quorum, send this bill to the full Council with no recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioner is requested a Special Exception to allow for an outside storage area on the property located in the 900 Block of Oliver Plow Ct. He stated that the Board of Zoning Appeals gave this bill a public hearing on September 18, 2008, and send this bill to the Common Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, representing the petitioner the City of South Bend. 12