08-09-04 Council Meeting Minutes

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REGULAR MEETING AUGUST 9,2004 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 from the property located at: 1121 Saint Peter Street, South Bend, Indiana 46617 in order to permit A special exception for an accessory dwelling for an SF2 property as provided for in section 21- 02.02(a)(2)(F) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. 2. 3. The approval will not be injurious to the public health, safety,morals, and general welfare of the community; The use and value of the area adjacent to the property included in the special Exception will not be affected in a substantially adverse manner, The need for the special exception arises from specific conditions peculiar to the property involved, 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought, and 5. The approval does not interfere substantially with the Comprehensive Plan Adopted by the City of South Bend. 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. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Counci with a favorable recommendation. Mr. Brent Bajdek, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, South Bend, Indiana, gave the Board of Zoning Appeals report. Mr. Bajdek advised that the petition is for a special exception for Robert and Margaret Kloska. They are seeking the special exception to allow for an accessory dwelling on property located at 12