05-09-05 Council Meeting Minutes

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REGULAR MEETINGMAY 9, 2005 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship is applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV.Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after it’s adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Chuck Bulot, Assistant Zoning Director, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a Special Exception to allow a single family residence in a property zoned “Mixed Use.” Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. Conditions on this property create a different situation for this property. It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it’s intent. Therefore, the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a favorable recommendation. Mr. Bob Yapp, Community Preservation Specialist, Historic Landmarks Foundation of Indiana, 402 West Washington Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Yapp advised that the Historic Landmarks Foundation of Indiana are the owners of the B’nai Israel Synagogue at 420 S. William Street. The building was abandoned nine years ago and a lot of people have talked about the reuse of the structure. About a year ago the Jewish community donated the property instead of tearing it down. Historic Landmarks has stabilized the building and put a new roof on it. Mr. Yapp introduced Chris Wood, a local home builder and general contractor and stated that he has a lot of enthusiasm and he’s got great financial capabilities and skills to turn this into a wonderful property. The problem is that it is zoned “Mixed Use” right now, and that is the reason why we are requesting that the special exception for residential use be granted. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 05-45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 16