01-23-12 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 23, 2012 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: (918 Oliver Plow Court, South Bend, Indiana) In order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South end, Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, And the Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-1401.5-5, requesting that a Special Exception be granted for the property located at: (Property Adjacent to and East to 918 Oliver Plow Court, South Bend, Indiana) In order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana. 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 proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 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. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 10