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REGULAR MEETING APRIL 27, 2009 <br /> <br /> <br /> <br />In order to permit a special exception to allow a duplex. <br /> <br /> <br /> SECTION II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this Committee held a Public Hearing on this bill this afternoon and voted to send it to the <br />full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette <br />Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioners are seeking a special exception to allow a duplex <br />in a “SF2” district, on property located at 445 S. Meade Street. Mr. Lyons stated that the <br />Board of Zoning Appeals held a public hearing on March 19, 2009, and send it to the full <br />Council with a favorable recommendation. <br /> <br />Jamie Galvez, 2020 Glen Street, South Bend, Indiana, made the presentation for this bill. <br /> <br />Mr. Galvez advised that he and his wife Maria are the owner’s of the property. He stated <br />that they are seeking this special exception to allow for a duplex <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, councilmember Oliver Davis made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br /> <br /> <br /> <br /> <br /> 7 <br /> <br />