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04-13-92 Council Meeting Mniutes
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04-13-92 Council Meeting Mniutes
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City Council - City Clerk
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Council Mtg Minutes
City Counci - Date
4/13/1992
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Be it remembered that the Common Council of the City of South Bend reconvened in the <br />Council Chambers on the fourth floor of the County -City Building at 8:50 p.m. <br />Council President Luecke presiding and nine members present. <br />BILLS, THIRD READING <br />ORDINANCE NO. 8254 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY <br />LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS <br />IN THE CITY OF SOUTH BEND, INDIANA, FOR LINDA GLAZIER, <br />MADELINE KIRCHHEIMER KENDALL & KEVIN POWERS, ADMINISTRATORS <br />FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER, C/O BAKER & <br />DANIELS, 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601. <br />This bill had third reading. Council Slavinskas made a motion to pass this bill, <br />seconded by Council Member Coleman. The bill passed by a roll call vote of nine <br />ayes. <br />NO. 8255 -92 <br />AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY <br />LOCATED AT 630 W. WASHINGTON STREET AND 124 S. SCOTT STREET <br />IN THE CITY OF SOUTH BEND, INDIANA. <br />This bill had third reading. Council Member Slavinskas made a motion to amend this <br />bill, as amended in the Committee of the Whole, seconded by Council Member <br />Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to pass <br />the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll <br />call vote of nine ayes. <br />RESOLUTION NO. 1926 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD <br />OF ZONING APPEALS TO ALLOW ANTIQUE SALES, CAR SHOWS, RODEOS, <br />THRIFT SALES AND CIRCUSES AT THE 4 -H FAIRGROUNDS. <br />WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the <br />Board of Zoning Appeals for approval or disapproval: and <br />WHEREAS, the Common Council has a period of thirty (30) days after the Board of <br />Zoning Appeals makes its recommendation to the Council, in which to take formal <br />action; and <br />WHEREAS, if it approves a Petition, the Common Council. must make the <br />determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that <br />it grant an exception to allow for antique sales, car shows, rodeos, thrift sales <br />and circuses in "A" residential. <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. 3645, a copy of which is attached hereto and incorporated <br />herein by reference, and marked for purposes of idenification as Exhibit A. <br />Section III. The Common Council finds that: <br />(1) The approval will not be injurious to the public health, safety, morals, and <br />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 exception <br />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 <br />reasonable conditions established by the Board of Zoning Appeals which are attached <br />hereto and incorporated herein and marked for purposes of identification as Exhibit <br />B. <br />Section V. This Resolution shall be in full force and effects from and after <br />its adoption by the Common Council and approval by the Mayor. <br />/S/ Stephen Luecke <br />
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