01-26-09 Zoning and Annexation Committee

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..__ Zoning and Annexation Committee Meeting 2009 South Bend Common Council The January 26, 2009 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson Council Member Al "Buddy" Kirsits at 3:40 p.m. in the Council's Informal Meeting Room, 4~` Floor of the County-City Building. Persons in attendance included Council Members Henry Davis, Jr., LaFountain, Puzzello, Varner, Rouse, Kirsits, Dieter, and White; Mark Lyons, Mrs. Kopola, Martha Lewis, Public Works Director Gary Gilot, Bob Matia,-Derek Spier, Mr. Craig Taelman, Mr. Bill McCarthy, IU South Bend Intern Jeremy Toschlog, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kirsits noted that the committee members include Council Member Council Members Oliver Davis who is the Vice-Chairperson, Dr. Varner, Thomas LaFountain and himself. 2Ra Substitute Bill No. 09-06: A Resolution Seeking Approval of a Petition of the SB Board of Zoning Appeals for a Special Exception for 1713 and 1717 Burdette Street, South Bend, Indiana: Council Member Kirsits called for a report from the Board of Zoning Appeals on 2na Substitute Bill No. 09-06 seeking a special exception for the properties located at 1713 and 1717 Burdette Street. Mark Lyons of the Building Department noted that the Board of Zoning Appeals held a public hearing on the petition for a special exception requested by Stadium Village Homes on December 18, 2008. The Board sends the request to the Common Council with a unanimous favorable recommendation. Council Member Kirsits then called for a formal presentation on the Bill. The Council Attorney noted that the 2na Substitute Bill contains a new Section IV which addresses the Petitioners voluntary agreement to agree to certain conditions and limitations which would require a formal Declaration to be signed and recorded. Derek J. Spier, a Planner with Abonmarche which has offices located at 750 Lincoln Way East, South Bend, Indiana, made the formal presentation. Mr. 5piert provided a copy of the site plan to the committee (copy attached). He stated that the special exception would permit a group residence in Units L and M at the Stadium Village Homes. This would permit those two (2) units to be used as a group residence for a Jesuit Community. A maximum of eight (8) residents would be permitted, and the special exception would permit the members of the Jesuit Community tolive as a single non- traditional family. Mr. Spier stated that the special exception meets all of the standards for a special exception; that it would not interfere with the Comprehensive Plan; and that strict application of the zoning ordinance would constitute an unnecessary hardship if applied to the property which the Jesuit Community wish to purchase.