03-28-11 Council Agenda & Packet

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RESOLUTION SOUTH A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF f INDIANA, APPROVING OTHE AREA BOARD OF ZONING APPEALS i� ,; ; l WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice Pursuant 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; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; 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. 0 SECTION I. 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: 3300 Sample Street South Bend, IN 46619 in order to permit a portion of the building to be used for a BMX/Skateboard Facility classified under a "Recreation Use" in the special exception section of the General Industrial ordinance. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common 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. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: .