01-28-13 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 28, 2013 Councilmember Dr. Fred Ferlic, 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. Mark Lyons, Assistant Zoning Administrator, St. Joseph County Building Department, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a single family home in a “MF” 1 District for property located at 819 Oak Street. Mr. Lyons advised that the Area Board of Zoning Appeals held a public hearing on December 5, 2012 and send this bill to the Common Council with a favorable recommendation. Ms. Ann Mannix, 724 W. Washington Street, South Bend, Indiana, made the presentation for this bill. Ms. Mannix advised that she is working in a public/private partnership with South Bend Heritage, seeking a special exception for 810 Oak Street. This vacant and abandoned house scheduled for demolition was acquired by Mrs. Mannix who partnered with South Bend Heritage to access funds for demolition and construction of a single-family home on the 37’ wide lot. The lot presently zoned multi-family needed to be changed to single-family. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4236-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 212, 214, 214 ½ AND 216 S. MICHIGAN STREET, 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 WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 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: 212, 214, 214 ½ and 216 S. Michigan Street in order to permit a special exception use to manufacture food products in a “CBD” District 14