11-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING NOVEMBER 9, 2009 of Colfax Street, projected westward; thence North 89°45’53” East along said south line, a distance of 179.25 feet to the point of beginning; thence continuing North 89° 45’53” East along said south line, a distance of 199.38 feet to the northwest corner of Lot 10 as shown on the recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 22, Page S-11; thence South 00°20’52” East along the west line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a distance of 893.11 feet to a point on the north right-of-way line of Jefferson Boulevard; thence for the next two course along said north line, the first course being along a nontangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13’58” and limited in length by a chord which bears South 86°59’05” West, a distance of 216.12 feet; thence South 89° West, a distance of 104.57 to said north line’s intersection with the east right-of-way line (60’ east half right-of-way) of Eddy Street; thence North 00°13’54” West along said east line, a distance of 720.22 feet; thence North 89°46’01” East, a distance of 118.82 feet; thence North 00°05’51” West, a distance of 183.64 feet to the point of beginning containing 6.11 acres more or less in order to permit off site parking for the building on the adjacent lot. 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 5. The special exception use to allow offsite parking on Lot 2 for the building on Lot 1 is essential to the continued presence of the School and Church on Lot 1 and strict application of the terms of the zoning ordinance and denial of the variance will create an untenable hardship; 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/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and due to the lack of a quorum sends this bill to the full Council with no recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, presented the report from the Area Board of Zoning Appeals. 11