11238-25 Special Exception and Use Variance at 628 Western Avenue

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BILL NO. 65-25 ORDINANCE NO. 11238-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 628 WESTERN AVE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This petition is for a property that is being developed as part of a large-scale, mixed-use redevelopment project. The plan for this property is to build two and three story walk-up apartment buildings, as well as a taller elevator apartment building that will also contain a daycare and potential retail space. NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 628 WESTERN AVE. 018-3049-1859 In order to permit Day Care Center(21-06.01(k)(10)), and requesting that a Use Variance be granted for this property: In order to allow Retail and Service, General (21-06.01(k)(16)) in U3 Urban Neighborhood 3 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. As to the Use Variance, 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 lot included in the variance will not be affected in a substantially adverse manner;