10-10-05 Council Meeting Minutes

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REGULAR MEETINGOCTOBER 10, 2005 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 3826 Cleveland Road to allow for an unmanned communications tower. 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 general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if 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 its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Don Fozo, St. Joseph County Building Commissioner, gave the Board of Zoning Appeals report. Mr. Fozo advised that the Board of Zoning Appeals held a public hearing on September 15, 2005, and sends this bill to the Common Council with a Favorable Recommendation. Mr. Charles S. Hayes, 814 Marietta Street, South Bend, Indiana, made the presentation for this bill. Mr. Hayes advised that the petitioned parcel is located at 3826 Cleveland Road. The current site is vacant and is within LI Light Industrial Zoned District. Mr. Hayes stated that he wishes to construct an unmanned communications tower on this site. 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 Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 6