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RESOLUTION NO. <br />A RESOLUTION OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, <br />APPROVING A PETITION OF THE <br />AREA BOARD OF ZONING APPEALS <br />FOR THE PROPERTY LOCATED AT <br />925 SOUTH WEBSTER STREET, SOUTH BEND, INDIANA <br />WHEREAS, Indiana Code §36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to I.C. §5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning <br />Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within sixty (60) days after the <br />Board of Zoning Appeals makes its recommendation to the Council; and <br />WHEREAS, the Common Council is required to make a determination in writing on <br />such requests pursuant to I.C. §36 -7 -4- 918.4; and <br />WHEREAS, the Area Board of Zoning Appeals has made a recommendation pursuant to <br />applicable state law. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <br />SECTION I. The Common Council has provided notice of the hearing on the Petition <br />from the Area Board of Zoning Appeals pursuant to Indiana Code §5- 14- 1.5 -5, requesting that a <br />Special Exception be granted for the property located at 925 South Webster Street, South Bend, <br />Indiana in order to allow outdoor storage of soil and other fill material on an area not to exceed <br />seventy -five percent (75 %) of the total lot area. <br />SECTION H. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the Area Board of Zoning <br />Appeals, a copy of which is on file in the Office of the City Clerk. <br />SECTION III. The Common Council of the City of South Bend, Indiana hereby finds <br />that: <br />I. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br />2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br />3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; and <br />