01-12-04 Council Meeting Minutes

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REGULAR MEETING JANUARY 12, 2004 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. The approval will not be injurious to the public health, safety, morals, and general welfare of the community. 2. 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; 3. 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 adoption 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 voted to send it to the full Council with a favorable recommendation. Donald F. Fozo, Building Commissioner of St. Joseph County, 125 S. Lafayette, South Bend, Indiana reported that the Board of Zoning Appeals held a hearing on this petition at its December 18, 2003 meeting and sends it to the Council with a 4-0 favorable recommendation. This petition would allow the continuation of a residential lot next to restaurant located on South Bend Avenue to be used for parking. This parcel has been used for parking in the past and this bill will allow parking to be legal and conform to the City of South Bend Zoning standards. Councilmember Ann Puzzello indicated that prior to becoming a Councilmember she was a member of the Board of Zoning Appeals. She indicated that she had voted on this measure while serving on that board. She stated that she has been informed that it is legal for her to vote on this bill. Mike Danch, Danch, Hamer and Associates, 2422 Viridian Drive, South Bend, Indiana representing the petitioners Cyriac & Elizabeth Pullapilly, 53310 Peggy Lane, South Bend, Indiana 46635. Mr. Danch stated that they are seeking approval to allow for the continuation of an existing accessory parking lot facility located on property West of and adjacent to 1640 South Bend Avenue, South Bend, Indiana 46617. The petitioners have had a Restaurant"The Malabar" for several years and have utilized the both the parking on the lot where the building is located and on the adjacent lot. In all the years that they operated the restaurant, they were never aware that the adjacent parking area to their restaurant was not zoned Commercial. The petitioners are selling the existing restaurant, and as part of the selling procedure, the zoning of the property was checked and it was discovered that the property that the existing restaurant occupies, is zoned 9