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Joe Grabill, a real estate broker, with offices located at 2410 North Grape Road, Suite 100 in <br /> Mishawaka made the presentation. He noted that the building was built as a four-plex in the <br /> 1970's. He believes that the "MU" zoning would be "a perfect fit". In response to a question <br /> from the Council Attorney,Mr. Grabill stated that the petitioner agrees to the terms requested by <br /> the Area Plan Commission which will be subject to a written commitment limiting the use to <br /> professional offices and apartments. She noted that the Area Plan Commission has the sole <br /> authority to impose such commitments, and requested that Mr. Grabill include remarks this <br /> evening with regard to his willingness to comply with the commitment request. <br /> In response to a question from Dr. Varner, City Clerk John Voorde provided a copy of the <br /> permitted uses under the MU Mixes Use District permitted by Section 21-03.02 of the South <br /> Bend Municipal Code(copy attached). <br /> Council Member Kuspa then called for a report on Bill No. 05-117 which would approve a <br /> petition of the South Bend Board of Zoning Appeals for the property located at 3826 Cleveland <br /> Road. <br /> Building Commissioner Don Fozo reported that the petition of Charles S. Hayes, Inc. is seeking <br /> a special exception for an unmanned communications tower to be located in a light industrial <br /> area. The Board of Zoning Appeals held a public hearing on September 15, 2005 and sends the <br /> Bill to the Council with a favorable recommendation. <br /> Charles Hayes ,President of Charles S. Hayes, Inc. with offices located at 814 Marietta Street in <br /> South Bend made the presentation. He noted that it had taken approximately two (2) years to <br /> find this location. He noted that service would be for the Portage, Bendix and Cleveland Road <br /> areas with a tower need approximately every two(2)miles. <br /> In response to a question from Council Member Rouse, Mr. Hayes stated that in St. Joseph <br /> County they have 25 towers,having sold off 50 other towers located outside of the county. <br /> Bernie Feeney provided an aerial map of the area and a site plan(copies attached). <br /> Following discussion, Council Member Rouse made a motion, seconded by Council Member <br /> Kirsits that Bill No. 05-117 be recommended favorably to Council. <br /> There being no further business to come before the Committee, Council Member Kuspa <br /> adjourned the meeting at 4:18 p.m. <br /> Respectfully submitted, <br /> &_;frai <br /> Council Member 7E--Kuspa, Chairperson <br /> Zoning and Annexation Committee <br /> KCF:kmf <br /> Attachments <br /> October 10,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council. -Page 2- <br />