01-09-12 Council Agenda & Packet

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RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY,INDIANA FOR THE PROPERTY LOCATED AT (918 OLIVER PLOW COURT AND THE PROPERTY ADJACENT TO AND EAST OF SAID 918 OLIVER PLOW COURT,SOUTH BEND,INDIANA) WHEREAS, Indiana Code Section 36-74-918.6,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 Area Board of Zoning Appeals of St. Joseph County, Indiana,for approval or disapproval;and WHEREAS,the Common Council must take action within sixty(60)days after the Area Board of Zoning Appeals of St.Joseph County, Indiana makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6;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 of St.Joseph County, Indiana has made a recommendation,pursuant to applicable state law. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (918 OLIVER PLOW COURT,SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21-04-02(2)(13)(iii)of the City of South Bend Zoning Ordinance, and the Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (PROPERTY ADJACENT TO AND EAST TO 918 OLIVER PLOW COURT, SOUTH BEND,INDIANA)