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BILL NO. 18-25 <br /> ORDINANCE NO. 11192-25 <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 1701 HICKORY ROAD <br /> COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA <br /> STATEMENT OF PURPOSE AND INTENT <br /> Special Exception to allow Park and Open Space Uses in S1 Suburban Neighborhood 1 <br /> Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban <br /> Neighborhood 1 <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 5-14-1.5-5, <br /> requesting that a Special Exception and Use Variance be granted for property located at: <br /> 1701 Hickory Road, South Bend, IN 46635. 024-1001-0439 <br /> In order to permit Park and Open Space Use, and to allow Entertainment and Recreation, <br /> Indoor Use in S 1 Suburban Neighborhood 1 <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. As to the Special Exception, the Common Council of the City of South <br /> Bend, Indiana, hereby finds that: <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, community <br /> moral standards, convenience, or general welfare; <br /> 2. The proposed use will not injure or adversely affect the use of adjacent area of property <br /> 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 /> 4. The proposed use is compatible with the recommendations of the City of South Bend <br /> Comprehensive Plan; <br /> SECTION IV. As to the Use Variance, The Common Council of the City of South Bend, <br /> Indiana, hereby finds that: <br /> 1. The approval will not be injurious to the public health, safety, morals, and general <br /> welfare of the community; <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 variance is sought; and <br /> 4. The approval does not interfere substantially with the Comprehensive Plan. <br />