11-23-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETINGNOVEMBER 23, 2009 and does a reclassification and puts in new requirements and there are a lot of existing industrial facilities in the City of South Bend that have existing buildings and existing outside storage areas and then a new classification and a new zoning into effect and without really paying attention to what those requirements are sometimes it causes a ripple effect later on, but that is the exact reason for the Board of Zoning Appeals and go through the procedures that they do, so that if someone like himself or anyone who comes in an asks for a special exception they would have to that with conditions that apply to the property, which basically makes it more restrictive than just a general rezoning. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis) Councilmember Henry Davis stated that as Councilmember’s there are four (4) criteria that they need to look at: 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). He stated that he believes that those criteria have not been met and there voted against this bill. BILL NO. 09-60 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 616 N. ST. PETER STREET Councilmember Kirsits made a motion to continue this bill until the December 14, 2009 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 91-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $123,135 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 14, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 92-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 16