02-27-12 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 27, 2012 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 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: th 730 & 734 South 29 Street, South Bend, Indiana 46615 in order to permit: Special Exception to operate a Child Care Facility without the Owner/Operator residing at said facility in a R Zoned District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South § Bend Municipal Code 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. Approval shall be further subject to a lease for not less than 22 off-site parking spaces for a term of five (5) years. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Chairperson, Zoning & 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. Mark Lyons, Assistant Zoning Administrator, 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 child care th facility in a “SF2” district, on property located at 730 & 734 S. 29 Street. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on February 1, 2012, and send this bill to the Common Council with a favorable recommendation. 7