10-26-09 Common Council Meeting Agenda & Packet

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RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.S-S, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a detennination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-I.S-S, requesting that a Special Exception be granted for the property located at: (4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA) in order to permit: The approval of a Special Exception as allowed under Section 21-04.01 (2)(E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20% of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance, SECTION II. Following a presentation by the Petitioner, and after proper public Bearing, the Conunon Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk.