04-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING APRIL 27, 2009 BILL NO. 22-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF- WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET Councilmember Varner made a motion to continue this bill until the May 11, 2009 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11 – DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that this bill was initiated by the Area Plan Commission as a text amendment to the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. She noted that based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. She stated that by having one Board of Zoning Appeals, it will reduce the number of filing dates, meeting dates, etc. She stated that the effective date of May 22, 2009 will allow time for the City to transition to the Area Board of Zoning Appeals with minimal inconvenience to the public. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mr. Jeff Jankowski, Deputy City Attorney, City of South Bend Legal Department, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor of this bill. He stated that the elimination of having two separate meetings a month will greatly increase the efficiency of the board as well as reducing the duplicate services and still provide the needed services to City residents. 2