07-12-99 Council Meeting Minutes

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REGULAR MEETING JULY 12, 1999 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 adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Ms. Catherine Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Council that based on the Public Hearing held on June 17, 1999, the Board of Zoning Appeals sends this petition to the Council with a favorable recommendation. Ms. Brucker noted that this property is zoned properly for this combined use and allowing the owner to reside on the property with a commercial use will prevent any detriments to the public health, safety, morals, comfort and welfare. Further, this property contains a home at the present time in commercial zoning. The bottom floor will be remodeled to an office keeping the same character of the building. The auto sales lot is a permitted use in this zoning district. Again, this property and surrounding properties are zoned commercial. The home will remain with some remodeling. Having the owners living on the site will allow more security for the area. Mr. Russell Sanford, Attorney at Law, 237 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of Ali and Rebecca Al- shawi, 1408 -1410 Lincolnway West, South Bend, Indiana. Mr. Sanford stated that the petitioners wish to open and operate a car lot which is a permitted use in "C" Commercial. They have owned the property for over one and one half (1 %2) years and have improved the property. The house at this address has been used as a duplex. It is proposed that the petitioners will reside on the second floor with the first floor used as the office for the business. They also intend to build a new garage. It is their desire to be able to reside in the same building as they have their business. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes.