04-22-91 Council Meeting Minutes

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1 1 REGULAR MEETING comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner reasonable conditions established by the Board of are attached hereto and incorporated herein and ma identification as Exhibit B. Section V. This Resolution shall be in full force after its adoption by the Common Council and appro APRIL 22, 1991 ing with the Appeals which r purposes of effect from and by the Mayor. A public hearing was held on the resolution at this time. David Merkin, 115 S. Lafayette made the presentation for the resolution. Be i dicated this affair was in its 12th year at the fairgrounds. He said they hold thre shows a year. Council Member Soderberg made a motion to adopt this resolution, econded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1863 -91 A RESOLUTION OF THE COMMON COUNCI OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITI N OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS ST. JOSEPH COUNTY SHERIFF'S POSSE WHEREAS, Indiana Code, 36 -7 -4 -918.6 pursuant to Indiana Code, 5- 14 -1.5 -5 of Board of Zoning Appeals for approval or WHEREAS, the Common Council has a p, Zoning Appeals makes its recommendation action; and requires the Comm )n Council to give notice its intention to onsider Petitions from the disapproval: and ariod of thirty (3 )) days after the Board of to the Council, A which to take formal WHEREAS, if it approves a Petition, the Comm on Counci , must make the determination in writing as required by Indiana Code, 36- -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has r commended favorably that it grant an exception to allow a Rodeo NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL �F 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, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner and proper public hearing, the Common Council hereby approves the Petition f the South Bend Board of Zoning Appeals, Appeal No. 3592, a copy of which is attac ed hereto and incorporated herein by reference, and marked for purposes of identific tion as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public morals, and general welfare of the community; (2) The use and value of the area adjacent to the pr in the special exception will not be affected in a su manner; (3) The need for the special exception arises from s peculiar to the property involved; (4) The strict application of the terms of the Zonin will constitute and unnecessary hardship if applied t for which the special exception is sought; and (5) The approval does not interfere substantially wi comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner reasonable conditions established by the Board of are attached hereto and incorporated herein and ma identification as Exhibit B. health, safety perty included stantially adverse me conditions ordinance the property h the plying with the ng Appeals which for purposes of Section V. This Resolution shall be in full force anj effect from and after its adoption by the Common Council and approval by the Mayor. A public hearing was held on the resolution at this time. Thomas Rinell, 3808 Carroll, made the presentation for the resolution. He in icated the Sheriff's Posse holds this rodeo at the fairgrounds annually. Council Me er Slavinskas made a motion to adopt this resolution, seconded by Council Memb r Ladewski. The resolution was adopted by a roll call vote of nine ayes.