4661-17 Approving a petition for 602 W. Colfax Ave.

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RESOLUTION NO. 4' 0 U 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 602,W. Colfax Ave. South Bend,Indiana 46601 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;and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indianan Code Section 36-7-4-919.4,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: SF1C7`)tON 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: 602 W. Colfax Ave. South Bend, Indiana 46601 in order to permit a special exception to allow a single family residence in a"mixed use district" and a variance from the required 1 off street parking space to none. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common-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. 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; 7 The proposed use will not injure or adversely affect.the.use of the adjacent area or property values therein;