01-25-10 Council Agenda & Packet

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d � RESOLUTION NO. A RESOLU'T'ION 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 (3371 CLEVELAND ROAD, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to hadiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Con non Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to 1.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination 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 BENT?, INDIANA as follows: SECTION 1. 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: (3371 CLEVELAND ROAD, SOUTH BEND, INDIANA) in order to pennit: The approval of a Special Exception as allowed under Section 21 -04.01 (2)(A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility for property located at 3371 Cleveland Road, South Bend, Indiana per Section 21 -04.01 (2) (A) of the City of South Bend Zoning Ordinance. SECTION 11. Following a presentation by the Petitioner, and after proper public hearing; the Conunoat 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.