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162 <br />REGULAR MEETING <br />here the area is adjacent to a commercial district. <br />FEBRUARY 11, 1991 <br />NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, as follows: <br />SECTION I: The Common Council has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5 -14- 1.5.5. <br />SECTION II: Following presentation by the Petitioner, and proper public <br />hearing, the Common Council hereby approves the Petition of the South Bend Board of <br />Zoning appeals, Appeal No. 3576, a copy of which is attached hereto and incorporated <br />herein by reference, and marked for purposes of identification as Exhibit A. <br />SECTION II. The Common Council finds that: <br />(1) The approval will not be injurious to the public health, safety, morals, <br />and general welfare of the community; <br />(2) The use and value of the area adjacent to the property included in the <br />special exception will not be affected in a substantially adverse manner; <br />(3) The need for the special exception arises from some conditions peculiar to <br />the property involved; <br />(4) The strict application of the terms of the Zoning Ordinance will constitute <br />an unnecessary hardship if applied to the property for which the special <br />exception is sought; and <br />(5) The approval does not interfere substantially with the comprehensive plan <br />adopted by the City. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are attached hereto and <br />incorporated herein and marked for purposes of identification as Exhibit B. <br />SECTION V. This resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />/s/ Donald Niezgodski <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Richard Morgan, attorney <br />for the petitioner, made the presentation for the resolution. He indicated RAD <br />Services needs to expand their facilities and this expansion will take up most of <br />their existing parking space. He indicated they plan to purchase the lot contiguous <br />to their existing lot for the purpose of constructing a parking lot. He indicated <br />this new lot will alleviate part of the parking congestion problem on the streets in <br />the neighborhood. John Cergnul, Business Manger for RAD, indicated the space they <br />have in the present building is limited and they need the addition to the building. <br />Council Member Luecke made a motion to adopt this resolution, seconded by Council <br />Member Coleman. The resolution was adopted by a roll call vote of nine ayes. <br />BILLS, FIRST READING <br />BILL NO. 13 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT <br />1112, 1118, 1122 SOUTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, <br />INDIANA. <br />This bill had first reading. Council Member Zakrzewski made a motion to refer this <br />bill to Area Plan, seconded by Council Member Coleman. The motion carried. <br />NEW BUSINESS <br />Council Member Zakrzewski made a motion to set the February 25, 1991, meeting at <br />5:00 p.m., seconded by Council Member Coleman. The motion carried. <br />PRIVILEGE OF THE FLOOR <br />Ralph Johnson, 734 N. Cushing, asked that a new resolution be passed regarding local <br />measured service. <br />There being no further business to come before the Council, unfinished or new, <br />Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. <br />The motion carried and the meeting was adjourned at 9:58 p.m. <br />ATTEST; <br />City Clerk <br />APPROVED: <br />