02-27-12 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 27, 2012 Mr. Bernie Feeney, Lang, Feeney & Associates, 715 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioners Wee Friends, Charles and Tami Barbour. Mr. Feeney advised that the Barbour’s are the owners and operators of the Wee Friends th daycare. He stated that the special exception is for two homes that sit side by side on 29 Street. Mr. Feeney stated that Wee Friends daycare started in the Barbour’s home a few block from this location. Their daycare business grew as did their family and then came the need to separate the home from the business portion of it. One of the homes was available for sale and the Barbour’s bought, fixed it up and the daycare moved into the home. Business steadily grew and grew over a period of approximately 10 years. The home adjacent to the daycare had fallen into disrepair and into foreclosure. The Barbour’s decided here’s a chance to kind of control the property next door and also to possibly be able to expand the business into this adjacent home and purchased the home next door and remodeled it. He stated that for the daycare to be located in a residential area the owners must live in that home. The business started that way and the Barbour’s were unaware of the fact that when the business moved to another location it no longer fell within those guidelines. Mr. Feeney stated that the neighbors have been receptive and also had some parking and traffic concerns. Mr. Feeney stated that the Barbour’s have made arrangements for parking at the neighborhood church just a few houses down from the daycare. Mr. Feeney advised that the staff of Wee Friends parks at the church along with parents that are going to be staying longer than to just drop their children off. The only issue that they don’t have much control over is when the school bus drops off children with special needs. The bus stops, the driver lowers the ramp, unbuckles the child and helps them to the daycare. Mr. Feeney stated that the process takes a few minutes longer than the average bus drop off. Mr. Feeney asked for the Council favorable consideration. 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 White made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4156-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1902 WESTERN AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 8