09-13-10 Council Agenda & Packet

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RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL ®F TIIE CITY OF SOUTH MEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR 'I'HE ]PROPERTY LOCATED AT 37fifi S, Certruc3e 4r. ~'HEREAS, Indiana Code Section 36-7-4-918.5, requires the Common Council to give notice puxsua~lt 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; acid VtrHEIdEAS, tl~e Camtnon Council must take action within sixty (60} days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Con~txion Council is required to make a determination in writing on such requests pursuant to Indiana Gode Section 36-7-4-91$.4, and VF-'I~EREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NO~V, TkiEREFORE, BE IT ]SOLVED BY't'I-IE COII~ON COUNCIL OF TIDE CITY OI1' SOUT~I }SEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the Dearing 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 Tie granted for the property located at: ~ i~0 S, Ger-t~-ude St. in order to permit A special exce~~tia~~ to alla~~- a ~•esau~•ce ~~ecovea•yl facility-. SECTION TL Fallowing a presentation by the Petitioner, and after proper public hearing, the Conunon Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on f Ie in the Office of the City Clerk. SECTION III. 'T'he Common Council of the City of South Bend, Indiana, hereby finds that: