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REGULAR MEETING MAY 23, 2011 <br /> <br /> <br /> <br />RESOLUTION NO. 4103-11 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 /> PROPERTIES LOCATED AT 413 ST. LOUIS <br /> STREET, 417 ST. LOUIS STREET, 425 ST. <br /> LOUIS STREET, 418 HILL STREET, 428 HILL <br /> STREET AND 420 HILL STREET, ALL IN <br /> SOUTH BEND, INDIANA <br /> <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 /> <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 /> <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 /> <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a <br />recommendation, pursuant to applicable state law. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <br /> <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 /> <br />(413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street, 428 Hill <br />Street and 420 Hill Street, all in South Bend, Indiana <br /> <br />In order to permit: <br /> <br />The approval of a Special Exception to allow for off-site parking lot for properties <br />located at 413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street, <br />428 Hill Street and 420 Hill Street all in South Bend Indiana per Section 21-03.02 (2) (D) <br />of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-Site <br />Parking.) <br /> <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 /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <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 /> <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 /> 12 <br /> <br />