01-28-02 Council Meeting Minutes

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REGULAR MEETING JANUARY 28, 2002 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 2104 Mishawaka Avenue, South Bend, Indiana 46615 in order to permit the continuation of a residential dwelling unit (i.e., residential use) within a "C" Commercial Zoning District Classification. 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: 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 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 /Roland Kelly Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Catherine M. Brucker, St. Joseph County /South Bend Building Department, 1255 Lafayette Boulevard, South Bend, Indiana, made the presentation on behalf of the Board of Zoning Appeals of the City of South Bend. Ms. Brucker advised that the Board of Zoning Appeals, at its meeting of December 20, 2001, sent this petition to the Council with no recommendation. She noted that the Board concluded that this use may be detrimental to or endanger public health, safety, morals, comfort or general welfare due in