01-23-12 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 23, 2012 Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, 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 from the maximum allowable 103,237 square feet to 162,000 square feet for outside storage and to allow a Public Passive Park. Mr. Lyons advised that the Board of Zoning Appeals held a public hearing on December 7, 2011 and sends this bill to the Common Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harner & Associates, Inc. 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that the petition is requesting a special exception at property located at 918 Oliver Plow Court and the property East of and adjacent to said 918 Oliver Plow Court to reconfigure the property to create a passive public park for the Oliver Plow Memorial site which will be given to the City and the existing Rose Brick & Materials site. The special exception will allow for the creation of the passive public park as permitted by City ordinance and will allow for the continued existing outside storage area located at 918 Oliver Plow Court. He stated that they believe that the approval of the proposed Special Exception will fit the existing industrial uses in this portion of the Oliver Plow Industrial Park and the proposed Passive Park will be a public amenity located along this portion of the Oliver Plow Trail system. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4146-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest ¼ of said, section 35; thence South 89 49’ 52” West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55’ 00” West, 116.24 feet; thence North 00 00’ 27” West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55’ 00” West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55’ 18” East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55’ 18” East along the South line of King Street, 352.84 feet; thence North 00 00’ 27” West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06’ 09” East, 128.81 feet; thence North 89 46’ 49” East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37’15” West along a chord subtending 11