07-27-09 Common Council Minutes - Laserfiche WebLink

Home Browse Search

REGULAR MEETING JULY 27, 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: 3423 South Michigan Street with contiguous vacant land, In order to permit: A pre-school as an adjunct use to a public school, which is a permitted primary use under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single Family and Two Family District, Permitted Uses, Special Exceptions Uses, Educational Use. 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 met this afternoon on this bill and sends it to the Council with an favorable recommendation. Mr. Mark Lyons, Assistant Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a pre-school in a “SF2” District, on property located at 3423 S. Michigan Street. He stated that the Area Board of Zoning Appeals gave it a public hearing on July 1, 2009 and sends this bill to the Common Council with a favorable recommendation. Ms. Wendy Walker-Dyes, Attorney, Baker & Daniels, LLP, 202 S. Michigan Street, Suite 1400, South Bend, Indiana, made the presentation on behalf of Charter School Development Corporation. 18