07-24-17 Zoning and Annexation - Laserfiche WebLink

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requirements for granting a special use. One (1), with the appropriate written commitments, the proposed use should not impact public health, safety, or general welfare of the community. The owner has presented written commitments concerning the use of the property, and that is the key to the case before you. I wouldn't have brought this before you without coming to you with something like this. When the Council gets one of these `hot potato' issues, you've got to be able to deal with it in a way where you can control the granting or denial of the special exception. Mr. Masters stated the three (3)proposed written commitments. They are: One (1)—No music will be played on the outside deck or anywhere outside of the building premises. He stated, We are open to finding language that will be most agreed upon but I think no music is pretty clear. No music means no music. Two (2)—The use of the deck will close at 11:00 p.m. every night the bar is open. Three (3)—There will be no parking on the site due to the parking adjacent to the building. Mr. Masters continued, So with the written commitments in mind,the second criteria is met. The approval of the special exception should not affect the use or value of adjacent properties, provided the written commitments are fully executed. The site has been a long-standing business and operation for many years. The third criteria is met as well. The proposed use is located in an area with a mix of Single-Family, Multi-Family and Mixed-Uses. The use is consistent with the neighborhood and the character of the neighborhood. The fourth criteria is met as well. The proposed use is compatible with the future land-use plan within the City. This references the November 2006 City Plan, which identifies property between Harris Street and Walnut Street as low-density residential, high-density residential, and Mixed-Use. Certainly based on what we present tonight we will find what the Area Board of Zoning Appeals found, and that is granting this exception will meet all four(4) statutory criteria,particularly with the commitment that limits the use of the property. We look forward to your favorable action. Committee Chair Davis opened the floor to questions from Committee and Councilmembers for the presenter. Councilmember Regina Williams-Preston asked, Who enforces the written commitments? Committee Chair Davis requested someone from the City Administration to, at the 7:00 p.m. Council meeting, speak to this question with regard to what enforcement means. Mr. Masters replied, You do know that your rules and ordinances specify how these commitments have to be drafted and who has the right to enforce them. These commitments state they can be enforced jointly or separately by the Area Board of Zoning Appeals, The City of South Bend, or owners of property within three hundred(300) feet, which is what your ordinance says. Committee Chair Davis, I would still like tonight for someone from the City Administration to comment on the enforcement. Committeemember Broden asked, Since these commitments are different from any other bar that has a deck, do these commitments put your establishment at a disadvantage business-wise? 5