04-11-05 Council Meeting Minutes

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REGULAR MEETING APRIL 11,2005 J. Bernard Feeney, Land Surveyor, Lang, Feeney and Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owners Richard and Donna Hummer. Mr. Feeney reported that the petitioners are requesting a special exception use in order to have a drive thru restaurant within the LB Local Business zoned property and a variance from the required 30’ front yard building setback to 1.5’ for the existing building. The parcel is located at 4206 W. Western Avenue, the existing site is a Dairy Queen restaurant with no dine in facility. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3439-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 420 E. IRELAND ROAD, SOUTH BEND, INDIANA 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 it’s intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the board of Zoning Appeals makes it’s recommendation to the Council; 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, requesting that a special exception be granted for the property located at 420 E. Ireland Road South Bend, IN 46614 in order to permit for a dry cleaning pick-up and delivery facility as a special exception allowed in the Office Buffer (OB) District for personal service and retail outlets under South Bend Municipal code Section 21-03.01(a)(2)(C) and (G). 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 approval will not be injurious to the public health, safety, morals, and 7