Special Exception - 2920 Sample St.

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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 AT 2920 Sample Street, 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 thirty (30) days after the Board of Zoning Appeals makes it recommendation to the Council; and WHEREAS, the Common Council is requires to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.5; 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 2920 Sample Street, South Bend, Indiana, and more particularly described as follows: A part of the West Half (1/2) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a found 5/8" rebar at the South right -of -way line of Sample Street and the Northwest corner of the survey parcel which is South 00 °00 "00' East, 35.00 feet and North 90 °00 "00' East, 164.93 feet (165.00 feet record) from a found monument at the Northwest comer of said Section 15; thence North 90 °00 "00' East along said South right-of-way line, a distance of 564.66 feet to a found 1" pinched iron at the Northeast corner of the survey parcel; thence South 00 °03 "39' West (South record) along the East line of said survey parcel a distance of 536.78 feet to a set 5/8" rebar with cap at the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence South 66 °09 "05' West (South 65 °59 "50' West