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07-12-99 Council Meeting Minutes
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07-12-99 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
7/12/1999
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REGULAR MEETING <br />JULY 12, 1999 <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 its adopted by <br />the Common Council and approval by the Mayor. <br />s /Sean Coleman <br />Member of the Common Council <br />Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and <br />sends it to the Council with a unanimous favorable recommendation. <br />Ms. Catherine Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson <br />Boulevard, Suite 100, South Bend, Indiana, informed the Council that based on the Public Hearing <br />held on June 17, 1999, the Board of Zoning Appeals sends this petition to the Council with a <br />favorable recommendation. <br />Ms. Brucker noted that this property is zoned properly for this combined use and allowing the owner <br />to reside on the property with a commercial use will prevent any detriments to the public health, <br />safety, morals, comfort and welfare. Further, this property contains a home at the present time in <br />commercial zoning. The bottom floor will be remodeled to an office keeping the same character of <br />the building. The auto sales lot is a permitted use in this zoning district. Again, this property and <br />surrounding properties are zoned commercial. The home will remain with some remodeling. <br />Having the owners living on the site will allow more security for the area. <br />Mr. Russell Sanford, Attorney at Law, 237 North Michigan Street, South Bend, Indiana, made the <br />presentation for this Resolution on behalf of Ali and Rebecca Al- shawi, 1408 -1410 Lincolnway <br />West, South Bend, Indiana. <br />Mr. Sanford stated that the petitioners wish to open and operate a car lot which is a permitted use <br />in "C" Commercial. They have owned the property for over one and one half (1 %2) years and have <br />improved the property. The house at this address has been used as a duplex. It is proposed that the <br />petitioners will reside on the second floor with the first floor used as the office for the business. <br />They also intend to build a new garage. It is their desire to be able to reside in the same building as <br />they have their business. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to address the Council either in favor of or in opposition to this <br />Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember <br />Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine <br />(9) ayes. <br />
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