09-12-05 Zonning & Annexation - Laserfiche WebLink

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Council Member Kuspa then called for a presentation on Bill No. 05-111 which is a petition of the South Bend Board of Zoning Appeals for the property located at 6302 U.S. 31 South. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18, 2005 and is sent to the Council with a favorable recommendation for the special exception request to permit automobile sales and services on the property located at 6306 U.S. 31 South. James A. Masters, an attorney with offices located at 211 West Washington, Suite 1720 in downtown South Bend made the presentation. He noted that this will be the 3rd public hearing on the property, noting that the annexation was unanimously approved earlier this Summer. Under the new zoning code, a special exception is required for automobile display. He noted that there is no problem with the drainage ditch which was raised at the earlier public hearings. The site has been an automotive display use for the past ten(10)years when it was in the county. No one from the public spoke in favor or in opposition to the Bill. Council Member Dieter made a motion, seconded by Council Member Rouse that Bill No. 05-111 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a BZA report and form presentation on Bill No. 05-112 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 1622 North Johnson Street. Don Fozo, Building Commissioner reported that the Bill was heard by the Board of Zoning Appeals on August 18, 2005 and is sent to the Council with a favorable recommendation subject to the number of children in the group home not exceeding two (2). Ruby Stine Newbill of 1626 North Johnson Street made the presentation. She noted that her father who was present owns the property in question. She would like to open a group home at the location which would provide residential treatment care for children who are at risk. She would work with the Department of Social Services and the court system. She noted that two (2) bedrooms would be used and she agreed to the limitation of two (2) children at the BZA meeting. In response to questions from Council Member White, Ms. Newbill stated that she would work directly with the Department of Social Services and the Juvenile Justice Center for referrals. She added that three (3) persons did speak in opposition to the proposal at the BZA meeting but that she has since addressed their concerns. Council Member White noted that Ms. Newbill is known to be a person of good character. In response to questions from Council Members Puzzello and Varner, Ms. Newbill stated that the children would be monitored 24/7 by paid staff who are trained,but that the staff would not be staying overnight, but rather there would be three (3) separate shifts and none would live-in. Ms. Newbill stated that she worked in Charlotte,NC for ten(10)years. She showed a proposed business plan as well as a policy and procedures book which would be followed. She noted that September 12,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 4-