07-14-08 Council Meeting Agenda & Packet

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-~..,~ f ~ f, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 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 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 South Bend 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, INDIANA as follows: SECTION I. The Common Council has.provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-]4-1.~-5, requesting that a Special Exception be granted for the property located at: (PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT- OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614) in order to permit: The Approval of a Special Exception to allow for an indoor Vehicle Processing and Salvage Operation and an indoor Vehicle Impoundment facility for property located West of 2801 Main Street, East of the former Railroad Right-of--way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana per Section 21-04-02 (a)(2)(B)(i) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk.