HomeMy WebLinkAboutSpecial Exception - Approx. Southeast Corner of Fellows Street & Haney Known as 1503,1504,1507,1508,1511 & 1512 Hermosari`iml
RESOLUTION
3541 -05
Passed by the Common Council of the City of South Bend, Indiana
December 12,
`I
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
Qecernber 13, 20 05
City Clerk
President of Common Council
Approved and signed by me December 13 2005_.
City Clerk
RESOLUTION NO.
3 S�l� -oS'
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
APPROXIMATE SOUTHEAST CORNER OF FELLOWS STREET AND HANEY
AVENUE ALSO KNOWN AS 1503,1504,1507,1508,1511 & 1512 HERMOSA,
SOUTH BEND, INDIANA
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-
7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, 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: Approximate
Southeast Corner of Fellows Street and Haney Avenue also known as 1503, 1504, 1507,
1508, 1511 & 1512 Hermosa, South Bend, Indiana
in order to permit a single family dwelling on each of 6 lots in MFI Urban Corridor
Multifamily zoning.
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:
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 the adjacent
area or 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; all of which is requested by the South
Bend Municipal Code § 21 -09.03 (i).
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. The Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
NOT APPRO\{cs"
ADOPTED UZ — \�
Member of the Common Council
Filed lerk's Office
I ED i VOOF
C[TV CLEBK So. BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -135 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD
OF ZONING APPEALS FOR THE PROPERTY LOCATED AT APPROXIMATE
SOUTHEAST CORNER OF FELLOWS STREETAND HANEYAVENUE ALSO
KNOWN AS 1503, 1504, 1507, 1508, 1511 & 1512 HERMOSA, SOUTH BEND,
INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND, INDIANA
STANDARDS FOR SPECIAL EXCEPTIONS
ALL PAPERWORK IS TO BE FILED BY NOON OF THE FILING DEADLINE
When applying for a Special Exception the Standards below must be addressed and
incorporated in the written statement or petition.
STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36 -7 -4 -918.4 as listed below:
The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
ii. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
iii. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein; and
iv. The proposed use is compatible with the recommendations of the City of South
Comprehensive Plan.
SPECIAL EXCEPTION PROCEDURES
OF
THE CITY OF SOUTH BEND, INDIANA
A resolution must be filed with the City Clerk's Office prior to the filing of the paper work
with the secretary to the Board of Zoning Appeals.
2. Proper paper work for a Special Exception filed with the secretary to the Board of Zoning
Appeals.
3. Public Hearing for Special Exception before the Board of Zoning Appeals.
4. Common Council committee meeting.
Common Council public hearing.
CONTACT PERSONS:
BOARD OF ZONING APPEALS:
Carolyn A. Henry
125 S. Lafayette Blvd.
Suite 100
South Bend, IN 46601
574/235 -9554
574/235 -5541 -Fax
CITY CLERK'S OFFICE:
Janice Talboom or Mary Beth Wisniewski
4'h Floor 4h Floor
County -City Building County -City Building
South Bend, IN 46601 South Bend, IN 46601
574/235 -5575 574/235 -9222