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01-28-13 Agenda & Packet
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01-28-13 Agenda & Packet
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1/24/2013 11:09:58 AM
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RESOLUTION NO. <br /> A RESOLUTION OF THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS <br /> FOR THE PROPERTY LOCATED AT <br /> 212, 214, 214 % and 216 S. MICHIGAN STREET <br /> WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice <br /> pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board <br /> of Zoning Appeals for approval or disapproval; and <br /> WHEREAS,the Common Council must take action within sixty(60) days after the Board of <br /> Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and <br /> WHEREAS,the Common Council is required to make a determination in writing on such <br /> requests pursuant to Indiana Code Section 36-7-4-918.4, and <br /> WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to <br /> applicable state law. <br /> NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA as follows: <br /> SECTION I. The Common Council has provided notice of the hearing on the Petition from the <br /> Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special <br /> Exception be granted for the property located at: 212, 214, 214 '/2 and 216 S. Michigan St. in <br /> order to permit a special exception use to manufacture Food Products in a "CBD" District. <br /> SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the <br /> Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of <br /> 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 finds that: <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, <br /> community moral standards, convenience or general welfare; <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent area or <br /> property values therein; <br /> 3. The proposed use will be consistent with the character of the district in which it is. <br /> located and the land uses authorized therein; <br />
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