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REGULAR MEETING <br />AUGUST 27, 2007 <br />ORDINANCE NO. 9781-07 AN ORDINANCE OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, <br />SETTING THE ANNUAL SALARY FOR THE <br />CITY CLERK FOR CALENDAR YEAR 2008 <br />This bill had third reading. Councilmember Dieter made a motion to pass this bill. <br />Councilmember Varner seconded the motion which carried. The bill passed by a roll call <br />vote of nine (9) ayes. <br />RESOLUTIONS <br />RESOLUTION NO. 3778-07 A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, <br />APPROVING A PETITION OF THE SOUTH <br />BEND BOARD OF ZONING APPEALS FOR <br />THE PROPERTY LOCATED AT 3520 <br />WESTERN AVENUE, SOUTH BEND, INDIANA <br />WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council <br />to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider <br />Petitions from the Board of Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within sixty (60) days after <br />the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. <br />36-7-4-918.6; and <br />WHEREAS, the Common Council is required to make a determination in writing <br />on such requests pursuant to Indiana Code Section 36-7-4-918.4, and <br />WHEREAS, the South Bend Board of Zoning Appeals has made a <br />recommendation, pursuant to 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 L The Common Council has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, <br />requesting that a Special Exception be granted for the property located at: <br />(3520 Western Avenue, South Bend, Indiana) <br />in order to permit <br />The Approval of a Special Exception to allow for off-site parking usage at 3520 Western <br />Avenue for property located at 3602 Western Avenue, South Bend, Indiana per Section <br />21-07-04 ©3 of the City of South Bend Zoning Ordinance. <br />SECTION IL Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning 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 <br />finds that <br />1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br />2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br />13 <br />