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REGULAR MEETING OCTOBER 8, 2001 <br />copy of which is on file in the Office of the City Clerk. <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: <br />1. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community; <br />2. The use and value of the area adjacent to the property included in the special <br />exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arises from specific conditions peculiar to the <br />property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which this special exception is <br />sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan adopted <br />by the City of South Bend. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of the City <br />Clerk. <br />SECTION V. This Resolution shall be in full force and effect from and after it's adopted by <br />the Common Council and approval by the Mayor. <br />s /Charlotte Pfeifer <br />Member of the Common Council <br />Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends <br />it to the Council with a favorable recommendation. <br />Mr. Don Fozo, Building Commissioner, St. Joseph County and City of South Bend, 125 South <br />Lafayette Boulevard, South Bend, Indiana, provided the report from the Board of Zoning Appeals. <br />Mr. Fozo advised that the Board of Zoning Appeals heard this petition at its September 20t1i meeting <br />and sends it to the Council with a favorable recommendation. This site is commonly known as the <br />Oaken Bucket and is located at the corner of Ironwood and Pleasant. This petition brings the <br />property, as it currently exists; in conformance with the zoning ordinance. Mr. Fozo noted that it <br />is believed that years ago when this facility was built they went through the proper procedures at <br />that time. However, because some records were purged at the Building Department there was no <br />way of actually finding out what was done at that time. In order for the property to change hands <br />it was felt that the best way to handle this was to take it through the proper channels today. <br />Mr. Robert Richardson, 5030 West Washington Street, South Bend, Indiana, noted that he has been <br />retained by Ms. Fay Williams who is the owner /operator of the Oaken Bucket to present this request <br />for a special exception for parking on residential zoned land. He noted that this facility was built <br />twenty -five (25) years ago. Ms. Williams has been approached to sell the property and during the <br />appraisal process, the appraisers could not find any records of variances and exceptions for this <br />property. Mr. Richardson noted that Ms. Williams has also applied to the Board of Zoning Appeals <br />for certain variances and those were granted. This special exception is for the granting of <br />transitional parking on the residential properties which are adjacent to and part of the parking lot as <br />it now exists. <br />10 <br />1 <br />1 <br />1 <br />