08-19-85 Council Meeting Minutes

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REGULAR MEETING AUGUST 19, 1985 to the public health, safety, morals, and general welfare of the community; (2) the use or value of the area adjacent to property included in the variance will not be adversely affected; (3) the need for the variance arises from some condition peculiar to the property involved and does not exist in the same zone; and (4) strict application of the terms of the zoning ordinance would constitute an unusual and unnecessary hardship. WHEREAS, it has been bought to the attention of the Common Council by the residents who live in the neighborhood near 515 Lincolnway West, where the American Plasma Systems, Inc., is presently located, that if the variance is granted that their neighborhood would be adversely affected and that it would be injurious to their property. WHEREAS, the Common Council recognizes that the American Plasma Industry is strictly regulated by the United States Food and Drug Administration (FDA); and WHEREAS, the Council believes that the City must continually weigh and delicately balance the needs of the neighborhood with the needs of the business community, however the Council believes that in this particular case the needs and concerns of the neighborhood far outweigh those of the business and therefore the Council voices its opposition to the proposed variance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council recognizes that it has no authority in variance request matters and that such responsibility lies solely with the Board of Zoning Appeals. SECTION II. The Council believes however that in light of the many calls and complaints that it has received regarding the parking variance request of American Plasma Systems, Inc., and after hearing the concerns of the parties involved, that the Council believes that the variance, if granted, would be injurious to and adversely affect the residents and neighborhood. SECTION III. The Council requests the City Clerk to send a copy of this Resolution to the Board of Zoning Appeals so that it can be made a formal part of their record when hearing the variance request at their September meeting. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Council Member Crone made a motion that the resolution be amended by deleting the fifth whereas, and in Section 2 delete "near 515 Lincolnway West ", seconded by Council Member Taylor. The motion carried. Council Member Serge read the resolution. Kathy Barnard, Director of Code Enforcement, spoke in favor of this resolution. Anna Pappas, 512 W. Madison spoke in favor of this resolution. Jim Masters, attorney, spoke in favor of this resolution. Nora Snell, 746 Blaine, Gladys Howard, 511 W. Madison, and Linda Jerden, 520 Madison, spoke in favor of this resolution. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 97 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 98 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2510 LATHROP, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried.