10-12-92 Council Meeting Minutes

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413 REGULAR MEETING OCTOBER 12, 1992 WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval: and WHEREAS, the Common Council has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow for a hard surface for parking to a gravel surface. This property is zoned "D" Light Industrial, "F" Height and Area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF 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 of the South Bend Board of Zoning Appeals, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (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 some 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 the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Approval of this special exception is further conditioned upon the petitioner satisfying all ten modifications set forth in Exhibit C, which is attached hereto and incorporated herein, which is the Common Council's modification of the September 17, 1992, letter to the Board of Zoning Appeals, from the petitioner's attorney. Section V. This Resolution shall be in full force and effects from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Larry Clifford, attorney, made the presentation. He indicated they were asking for a special exception for eight acres near the Edison electric sub - station in order to construct a Little League Baseball facility. After a lengthy discussion the following Exhibit C was accepted by the Council: The modified East Side Little League proposal shall include the following: 1. Building Size and Use. The building will be 30 feet by 34 feet, a two -story vinyl sided structure, with a basement. The building will be used for a concession stand, first -aid room, rest rooms, viewing area, storage of baseball and grounds keeping equipment. 2. Fencing. The entire perimeter of the property leased from I &M will be fenced with a seven foot perimeter fence. The entrance gate will be off Charles Street. The gate will be at the edge of the I &M property and will be secured when not in use. In addition to the main entrance gate, there will be a utility gate on each of the other three sides of the property, to allow access for maintenance equipment. The utility gates will be secured when not in use. Except for the main entrance off Charles Street, there will be only one pedestrian gate, to be located for access from the Edison Street parking lot, with a gate on the West side of the perimeter fence, as near to the South corner of the fence as feasible. The pedestrian gate will be secured when not in use. The petitioner shall work with the City and the neighbors to devise a workable solution to keep Little League participants and spectators out of this particular alley.