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REGULAR MEETING JULY 23, 2012 <br /> <br /> <br /> <br />508 & 512 W. Colfax Avenue, South Bend, Indiana <br /> <br />In order to permit a Special Exception Use to allow for a commercial parking lot. <br /> <br /> SECTION II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br /> <br />Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported <br />that this committee held a meeting this afternoon and it was the consensus of the <br />committee to send this bill to the full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building <br />Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the <br />reported from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner South Bend Heritage Foundation, Inc, is seeking a <br />special exception to allow a commercial parking lot in a “MU” District. He stated that <br />the Area Board of Zoning Appeals gave it a public hearing on June 6, 2012 and send this <br />bill to the Common Council with a favorable recommendation. <br /> <br />Mr. Marco Mariani, Executive Director, South Bend Heritage Foundation, Inc., made the <br />presentation for this bill. <br /> <br />Mr. Mariani advised that they are requesting a special exception use to allow for a <br />commercial parking lot containing 22 parking spaces and 2 handicapped spaces (24) in <br />total. He stated that they want to develop a parking lot at this location to support is <br />parallel re-development of the nearby Rushton Building. The Rushton project will <br />rehabilitate 23 senior housing units with funding received through Low Income Housing <br />Tax Credits and Historic Preservation tax credits. The subject property at 512 West <br />Colfax is just north of the Rushton Building. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> 12 <br /> <br />