4647-17 Approving a petition of the Area Board of Zoning Appeal for property at 1502 W. Dunham

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Filed in Clerk's Office JUL 312011 KAREEf��3�H FOWLER CITY CLERK, COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE AND VARIANCES In accordance with I.C.36-7.4-1015 and South Bend Municipal Code§21-09.03(d), Robert Burg,Owner of the real estate located in the City of South Bend,Indiana which is described herein-below,makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: Address: 1502 W.Dunham,South Bend,IN 46619 Legal Description: A lot or parcel of land twenty-six'feet in width,east and west,taken off of and from the entire side of Lot Numbered Thirty-six(36)as shown on the recorded plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100, 101,and 102 of the Second Plat of Out Lots to the Town,now City of South Bend,platted by State Bank of Indiana,recorded in the Office of the Recorder of St.Joseph County,Indiana. STATEMENT OF COMMITMENTS: 1. No music or amplified sound will be played or broadcast on,to,or from the outside deck or outside of the building premises This includes,but is not limited to,music played or amplified sound broadcast from within the building premises with the intent to be heard outside of the building premises. 2. There will be no use of the outside deck after 11:00 p.m.on any day. 3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at 1502 W.Dunham Street to use the parking lot described as follows for parking: Lot Numbered Eleven(11)as shown on the plat of J.B.Arnold's Subdivision of part of Bank Out Lots 100 and 101 of the Second Plat of Out Lots to the Town, now City of South Bend,platted by State Bank of Indiana,recorded in the Office of the Recorder of St.Joseph County,Indiana in Plat Book 3,page 10. These COMMITMENTS shall run with the land,be binding on the Owner of the above-described real estate,subsequent owners of the above-described real estate and other persons acquiring an interest therein.These COMMITMENTS may be modified or terminated by a decision of the Area Board of Zoning Appeals of St.Joseph County made at a public hearing after proper notice has been given. The COMMITMENTS contained in this instrument shall be effective upon the approval by the Area Board of Zoning Appeals and Resolution No. 17-37 by the South Bend Common Council and shall continue in effect until:(i)the real estate is rezoned;or,(ii)modified or terminated by the Area Board of Zoning Appeals of St.Joseph County.