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REGULAR MEETING SEPTEMBER 27, 2010 <br /> <br /> <br /> <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee, <br />reported that this committee met this afternoon and voted to send this bill to the Common <br />Council with a favorable recommendation. <br /> <br />Councilmember Oliver Davis disclosed that he is a member of the South Bend Public <br />Transportation Corporation (TRANSPO) Board. He stated that he has filed his Conflict <br />of Interest paperwork with the State of Indiana and a copy is on file in the Office of the <br />City Clerk. After discussion with Council Attorney Kathleen Cekanski-Farrand it was <br />determined that no conflict exists. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, <br />Indiana, presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a Special Exception to allow a 180’ tall <br />telecommunications tower in a “DI” General Industrial District. He stated that the Area <br />Board of Zoning Appeals gave it a public hearing on September 1, 2010 and sends this <br />bill to the Common Council with a favorable recommendation. <br /> <br />Mr. Michael Hardy, Attorney, Barnes & Thornburg, 100 N. Michigan Street, South Bend, <br />made the presentation for the bill on behalf of the petitioner South Bend Public <br />Transportation Corporation, (TRANSPO) as it is better known as. Mr. Hardy advised <br />that TRANSPO has built a new building within Ignition Park. At their current facility <br />they have a large communications tower of the lattice style and this communication tower <br />is utilized only for transportation vehicles which are a part of the TRANSPO system. <br />They would like to re-locate that existing lattice style tower from their current facility on <br />Northside to their new facility in Ignition Park. Mr. Hardy noted that this communication <br />tower is not being utilized for any purpose other than TRANSPO’s communication with <br />their bus drivers. He stated that it is an appropriate size, appropriate height, and <br />appropriate style. It was designed for that, and this would allow TRANSPO not to incur <br />any additional expense. He asked the Council for their favorable consideration. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Puzello made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br /> <br /> <br />RESOLUTION NO. 4052-10 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS FOR THE <br /> PROPERTY LOCATED AT 2602 WESTERN <br /> AVENUE, SOUTH BEND, INDIANA <br /> <br /> <br />WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council <br />to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider <br />Petitions from the Board of Zoning Appeals for approval or disapproval; and <br /> <br /> 19 <br /> <br />