HomeMy WebLinkAboutSpecial Exception - 3201 W. Western Ave.RESOLUTION
3455 -05
Passed by the Common Council of the City of South Bend, Indiana
May 9,
Attest:
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Presented by me to the Mayor of the City of South Bend, Indiana
May 10,
Approved and signed by me
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May 10,
City Clerk
President of Common Council
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City Clerk
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RESOLUTION No. 3� S 5 - 0E,
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
3201 W. WESTERN AVENUE, SOUTH BEND, INDIANA 46619
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 it's
intention to consider Petitions from the Board of 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 it's recommendation to the Council; 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 Indian Code Section 5-
14-1.5-5, requesting that a special exception be granted for the property located
at 3201 W. Western Avenue, South Bend, Indiana 46619 in order to permit the
existing auto sales business within the LB Local Business District.
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 find 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 South Bend.
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 adopted by the Common Council and approved by the Mayor.
Member of the Common CouNcil
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -19 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 3201 W. WESTERN AVENUE,
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 no recommendation due to a lack of a
quorum.
Roland Kelly
Chairman