01-26-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JANUARY 26, 2009 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South § Bend Municipal Code 21-09.03 (i). SECTION IV. Approval is subject to the voluntary agreement of Petitioner with the following conditions/limitations, specifically that such approval shall (a) only apply from and after the date that Petitioner records a Declaration regarding limitations on special exception (in the form attached), (b) only extend to each unit comprising the subject property during such periods that the unit is owned by the Chicago Province of the Society of Jesus (“Province”) for occupancy by their Jesuit community, and (c) automatically terminate and be of no further force or effect upon the transfer of title to the unit comprising the subject property by the Province to any other owner. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioners are requesting a special exception for Stadium Village Homes to allow a group residence within Units “L” & “M” of Stadium Village in a “MF1” District, on property located on the west side of Burdette Street north of Vaness, is sent to the south Bend Common Council with a favorable recommendation. Mr. Derek Spier, Planner, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that the petition/owner Stadium Village Homes, LLC. d/b/a Signature Homes, Inc., is requesting a special exception to allow a group residence within Units “L” and “M” at Stadium Village Homes. The reason for this special exception is to allow for two units within the Stadium Village Homes development to be utilized as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor of each unit open to each other in the dining area in such a manner that the 5