02-27-12 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 27, 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: 1902 Western Avenue in order to permit the use of the property as a bar/nightclub consistent with its past historic uses. 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 Gavin Ferlic made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: To add at the end of Section IV. “Approval shall be further subject to a lease for not less than 22 off-site parking spaces for a term of five (5) years.” Mr. Mark Lyons, Assistant Zoning Administrator, St. Joseph County 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 for a bar/restaurant/nightclub, on property located at 1902 Western Avenue. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on February 1, 2012 and sends it to the Council with an unfavorable recommendation. Mr. Bruce Huntington, Attorney, Botkin & Hall, 105 E. Jefferson Blvd., South Bend, Indiana made the presentation on behalf of the petitioner Ms. Janiecesha O’Neal. 9