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10-11-93 Counicl Meeting Minutes
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10-11-93 Counicl Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
10/11/1993
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RESOLUTION NO. 2076 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE <br />SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED <br />AT 833 SOUTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615. <br />WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give <br />notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider <br />Petitions from the Board of Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within thirty (30) days after the <br />Board of Zoning Appeals makes its recommendation to the Council; and <br />WHEREAS, the Common Council is required to make a determination in writing on <br />such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; <br />WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law; <br />NOW, THEREFORE, BE IT RESOLVED 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 <br />petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14 -1.5- <br />5, requesting that a special exception be granted for the property located at: <br />833 S. Ironwood Dr., South Bend IN 46615 <br />in order to permit parking in a Residential district where area is adjacent to <br />Commercial, pursuant to Section 21 -112 (a) (6). <br />Section II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the Petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br />that: Section III. The Common Council of the City of South Bend, Indiana hereby finds <br />1. The approval will not be injurious to the public health, safety, morals and <br />general welfare of the community; <br />2. The use and value of the area adjacent to the property included in the <br />special exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arises from specific conditions peculiar <br />to the property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute <br />an unnecessary hardship if applied to the property for which this special exception <br />is sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan <br />adopted by the City of South Bend. <br />Section IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office <br />of the City Clerk. <br />Section V. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />/s/ Stephen Luecke <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Kenneth Fedder, attorney, <br />made the presentation for the resolution. He indicated he represented the <br />petitioners in requesting an exception additional parking at the Walgreen's store on <br />Mishawaka Avenue. He indicated there has been a parking problem at that location <br />since the store was built and they are acquiring the property at 833 Ironwood, in <br />order to help alleviate the problem. He read a letter from the property owner at 829 <br />S. Ironwood, in favor of this exception. Council Member Slavinskas made a motion to <br />adopt this resolution, seconded by Council Member Coleman. The resolution was <br />adopted by a roll call vote of nine ayes. <br />Council Member Coleman made a motion to combine public hearing on the next two <br />resolution, seconded by Council Member Zakrzewski. The motion carried. <br />RESOLUTION NO. 2077 -93 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL INDUSTRIAL <br />DEVELOPMENT REVENUE BOND, SERIES 1977 (COLE ASSOCIATES, INC. <br />PROJECT. <br />The City of South Bend ( "City ") issued its Industrial Development Revenue Bond <br />( "Cole Associates, Inc. Project ") in the aggregate principal amount of Nine Hundred <br />Ninety -Five Thousand Dollars ($995,000) pursuant to a Lease and Trust Indenture dated <br />September 19, 1977 ( "Indenture ") from the City to St. Joseph Bank and Trust Company <br />
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