02-13-12 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 13, 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: 505 E. Broadway Street, South Bend, Indiana in order to permit a Special Exception Use to allow for a community center and a reduction of the seven (7) parking spaces to four (4) 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 & Annexation Committee, reported that this committee held a public hearing this afternoon on this bill and voted to send to the full Council with a favorable recommendation. Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd., 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 a community center in a “SF2” District, on property located at 505 E. Broadway. The Area Board of Zoning Appeals held a public hearing on January 4, 2012 and send this bill to the Common Council with a favorable recommendation. Mr. Pat Lynch, South Bend Heritage Foundation, 803 Lincoln Way West, South Bend, Indiana made the presentation for this bill. Mr. Lynch advised that South Bend Heritage Foundation is seeking the Special Exception to allow for a community center in a “SF2” District located at 505 E. Broadway. Mr. Lynch advised that they are the developer of the proposed community center and leasing office. He stated that the community center is part of a larger development that is 14