17-12 Rezoning- Special Exception for 3701 Portage Ave

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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 3701 Portage Rd., South Bend, IN 46628 HEREAS, Indiana Code Section 36- 7- 4918,6, requires the Common Council to give notice rsuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board Zoning Appeals for approval or disapproval; and ff EREAS, the Common Council must take action within sixty (60) days after the Board of Kon-mg Appeals snakes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4918.4, and t ppHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to heabie state law. )W, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE TY OF SOUTH BEND, INDIANA as follows: FION 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 al Exception he granted for the property located at; 701 Portage Rd. South Bend IN 46628 a order to permit special exception to allow;temporary vehicles sale in a CB zone. CTION II. Following a presentation by the Petitioner, and after proper public hearing, the mmon Council hereby apprpves the petition of the Area Board of Zoning Appeals, a copy of ich 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;