02-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING FEBRUARY 9, 2009 SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 744 South Main Street, South Bend, Indiana In order to permit: A Special Exception to allow a group residence (contingent on rezoning from LI to MU) 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 recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistance Zoning Administrator, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioners are seeking a special exception to allow a group residence, for weather related emergency on property located at 744 S. Main Street. The property is currently zoned LI pending rezoning to MU. Mr. Lyons further advised that this petition is sent to the Common Council with a favorable recommendation, subject to the rezoning and to allow a group residence for weather related emergencies as set by the St. Joseph County Continuum Care. Mr. Michael Baxter, 515 S. St. Joseph Street, South Bend, Indiana, made the presentation for this bill. 10