06-09-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JUNE 9, 2008 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 recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a special exception to allow for food sales and service in a “lI” Light Industrial District, on property located at 121 Garst Street, zoned “Mixed Use.” Mr. Bulot stated that this petition is sent to the Common Council with a favorable recommendation. Mr. Bill Lamie, 922 East Wayne Street, South Bend, Indiana, Consultant, for the Petitioner Real Service, Inc., made the presentation for this bill. Mr. Lamie advised that the petitioner is seeking a Special Exception for Food Sales and Services. He stated that the special exceptions are from the required 5.5 parking spaces to a combination of 4 on-site and 29 off-site parking spaces. He stated that they are seeking a variance from the required front yard setback of thirty (30) feet to two (2) feet eight (8) inches. Also from the required perimeter and parking landscaping, the required clear site area of twenty-five (25) feet away from the intersection of Garst and Main Street right-of-way lines as indicated, to five (5) feet, and from the required twenty-five feet front yard for parking along Garst Street to three (3) feet five (5) inches. 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 Dieter 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 eight (8) ayes. RESOLUTION NO. 3875-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 900 BLOCK OF OLIVER PLOW COURT, 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 17