02-13-12 Council Agenda & Packet

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VI) (L-0 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 FOR THE PROPERTY LOCATED AT: 1902 WESTERN AVENUE, SOUTH BEND,INDIANA 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. NOW'THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: 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: 1902 Western Avenue, South Bend, Indiana In order to permit the use of the property as a bar/nightclub consistent with its past historic uses. 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. SECTTION 111. The Common Council of the City of South Bend, Indiana hereby finds that: