09-27-10 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 27, 2010 Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow a private Club in a “MU” Mixed Use District on property located at 2602 Western Avenue. Mr. Lyons stated that the Board of Zoning Appeals gave it a Public Hearing on September 1, 210 and sends this bill to the Common Council with a favorable recommendation and with a recommendation that they provide a 20’ x 40’ paved parking area. Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, representing the petitioner and also representing the City of South Bend and the contingent purchaser for the property. This project is a relocation of the Hells Angels Private Club from the corner of Catalpa Street and Indiana Avenue to 2602 Western Avenue. Mr. Danch stated that the clubs current location is part of the Ignition Park project and the City has acquired that property. He noted that the Hells Angels Club has been at their current location for over 30 years. He advised that the City of South Bend’s Redevelopment Department has been working with the Hells Angels Club to find a suitable location. This existing building on Western Avenue fits the criteria that they were looking for. It was noted that the recommendation from the Area Board of Zoning Appeals that a paved 20’ x 40’ parking area be provided and that was agreed to. Mr. Danch asked the Council for their favorable consideration. A Public Hearing was held on the Resolution at this time. Pastor Ralph Miles spoke in favor of this bill. He stated that he looks forward to seeing the club relocate and believes that they will help keep crime down in the neighborhood. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzello 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 eight (8) ayes (Councilmember Rouse left the Council Chambers before the vote was taken.) RESOLUTION NO. 4053-10 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 3700 S. GERTRUDE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, 21