06-10-96 Council Meeting Minutes

Home Browse Search

REGULAR MEETING JUNE 10, 1996 Zoning Appeals for approval or disapproval; and Whereas, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and Whereas, the Common council is required to make determination in writing on such requests pursuant to Indiana code section 36 -7- 4918.4; 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- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 2002 Mishawaka Ave., South Bend, Indiana 46615 in order to permit off -site parking on IM Residential Lot 4 of the N.P.O. REPLAT, owned by Dr. Robert L. Proudfit, O.D. 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. Section III. The Common Council of the City of south Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of Southbound. Section IV. Approval is subject to the petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Zakrzewski reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Malcolm Tuesley, attorney, made the presentation for the resolution. He indicated Dr. Proudfit was asking for this special exception in order to change the setback, and receive relief on screening, as he plans to expand his office and this