Special Exception - 1101 East Jefferson Blvd. also known as 1113 1/2 Jefferson Blvd

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RESOLUTION NO. ~ c( ~~'~ 1 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 1101 EAST JEFFERSON BOULEVARD ALSO KNOWN AS 11131/: JEFFERSON BOULEVARD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the 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 determi~ration 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 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: A part of the Northwest Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner of said Northwest Quarter of Section 7; thence South 00°16'45" East along the west line of said quarter, a distance of 129.33 feet to the northeast corner of the Northeast Quarter of Section 12; Township 37 North, Range 2 East; thence South 00°13'54" East along said west line, a distance of 712.78 feet to the point of intersection of said west line with the south right-of--way line of Colfax Street, projected westward; thence North 89°45'53" East along said south line, a distance of 179.25 feet to the point of beginning; thence continuing North 89°45'53" East along said south line, a distance of 199.38 feet to the northwest corner of Lot 10 as shown on the recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 22, Page S-11; thence South 00°20'52" East along the west line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a distance of 893.11 feet to a point on the north right-of--way line of Jefferson Boulevard; thence for the next two course along said north line, the first course being along anon- tangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13'58" and limited in length by a chord which bears South 86°59'05" West, a distance of 216.12