Special Exception - 300 Block of North St. Louis Ave.

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RESOLUTION NO. 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 IN THE 300 BLOCK OF NORTH ST. LOUIS AVENUE, SOUTH BEND, INDIANA 46617 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 THIRTY (30) DAYS AFTER THE BOARD OF ZONING APPEALS MAKES ITS 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 INDIANA CODE SECTION 5- 14- 1.5 -5, REQUESTING THAT A SPECIAL EXCEPTION BE GRANTED FOR THE PROPERTY LOCATED IN THE 300 BLOCK OF NORTH ST. LOUIS AVENUE, SOUTH BEND, INDIANA 46617 IN ORDER TO PERMIT THE CONSTRUCTION AND OPERATION OF A HELIPORT LANDING PAD FACILITY ON PROPERTY ZONED WITH AN "0" OFFICE DISTRICT CLASSIFICATION. 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: 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;