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REGULAR MEETING MARCH 28, 2011 <br /> RESOLUTIONS <br /> RESOLUTION NO. 4090-11 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS FOR THE <br /> PROPERTY LOCATED AT 501 W. SOUTH <br /> STREET 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 I.C. <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 I. 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 /> 501 W. South Street, South Bend, Indiana, in order to permit: <br /> expansion of the existing tanley Coveleski Regional Stadium <br /> SECTION II. 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 /> 3. The proposed use will be consistent with the character of the district in <br /> which it is located and the land uses authorized therein; <br /> 4. The proposed use is compatible with the recommendation of the City of <br /> South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br /> Code §21-09.03 <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br /> reasonable conditions established by the Board of Zoning Appeals which are on file in <br /> the office of the City Clerk. <br /> 10 <br />