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RESOLUTION NO. <br /> A RESOLUTION OF THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND,INDIANA, r <br /> APPROVING A PETITION OF THE <br /> AREA BOARD OF ZONING APPEALS <br /> FOR THE PROPERTY LOCATED AT <br /> 806 Howard Street,Portage Township, South Bend,Indiana 46617 <br /> I <br /> WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice <br /> pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board <br /> i <br /> of Zoning Appeals for approval or disapproval; and <br /> WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning <br /> Appeals makes its recommendation to the Council; and <br /> WHEREAS,the Common Council is required to make a determination in writing on such requests <br /> pursuant to Indiana Code Section 36-7-4-918.4; and I <br /> 1 <br /> WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable <br /> state law. <br /> i <br /> NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY <br /> OF SOUTH BEND,INDIANA as follows: i <br /> 1 <br /> SECTION I. The Common Council has provided notice of the hearing on the Petition from the <br /> Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a <br /> Special Exception be granted for the property located at: <br /> 806 Howard Street,Portage Township,South Bend,Indiana 46617 <br /> I <br /> in order to permit <br /> I <br /> Special Exception Use: "Dwelling Unit-Upper Levee' <br /> SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the <br /> Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of <br /> which is on file in the Office of the City Clerk. <br /> I <br /> SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, <br /> community moral standards,convenience or general welfare; f <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent area <br /> or property values therein; <br /> 3. The proposed use will be consistent with the character of the district in which <br /> it is located and the land uses authorized therein; and <br />