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10930-23 Approving a Pettition of the BZA for property at 751 Cottage Grove Ave -
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10930-23 Approving a Pettition of the BZA for property at 751 Cottage Grove Ave -
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5/30/2023 10:51:06 AM
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BILL NO. 17-23 <br /> ORDINANCE NO. 10930-23 <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING <br /> APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVE <br /> STATEMENT OF PURPOSE AND INTENT <br /> A Use Variance to establish a large fruit and vegetable garden,in the Near Northwest <br /> Neighborhood of South Bend. <br /> Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 751 <br /> Cottage Grove Ave. <br /> NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, <br /> Indiana, as follows: <br /> SECTION I. The Common Council has provided notice of the hearing on the Petition <br /> from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 36-7-4-605, <br /> requesting that a Use Variance be granted for property located at: <br /> 751 Cottage Grove Ave. South Bend, IN 46616. 018-1070-2991 <br /> In order to permit a Use Variance for Urban Agricultural <br /> SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br /> the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a <br /> copy of 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 <br /> that: <br /> 1. The approval will not be injurious to the public health, safety, comfort, community <br /> moral standards, convenience or general welfare; <br /> 2. The use and value of the area adjacent to the lot included in the variance will not be <br /> affected in a substantially adverse manner; <br /> 3. The strict application of the terms of the zoning ordinance will constitute an <br /> unnecessary hardship if applied to the lot for which the variances is sought; <br /> 4. The approval does not interfere substantially with the comprehensive plan; <br /> SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br /> conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the <br /> Office of the City Clerk. <br /> SECTION V. This Ordinance shall be in full force and effect from and after its passage <br /> by the Common Council and approval by the Mayor, and legal publication, and full execution of <br /> any conditions or Commitments placed upon the approval. <br /> G) Cli?AA:S' ron c:ridei <br /> Counclrt <br /> South Bend Common Council <br />
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