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RESOLUTION NO. �) 0 S `-0 Z-' <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD <br />OF ZONING APPEALS FOR THE PROPERTY LOCATED AT <br />2104 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615 <br />WHEREAS, INDIANA CODE SECTION 36- 7- 4- 918.6, REQUIRES THE COMMON COUNCIL <br />TO GIVE NOTICE PURSUANT TO INDIANA CODE SECTION 5- 14- 1.5 -5, OF ITS <br />INTENTION TO CONSIDER PETITIONS FROM THE BOARD OF ZONING APPEALS FOR <br />APPROVAL OR DISAPPROVAL; AND <br />WHEREAS, THE COMMON COUNCIL MUST TAKE ACTION WITHIN THIRTY (30) DAYS <br />AFTER THE BOARD OF ZONING APPEALS MAKES ITS RECOMMENDATION TO THE <br />COUNCIL; AND <br />WHEREAS, THE COMMON COUNCIL IS REQUIRED TO MAKE A DETERMINATION IN <br />WRITING ON SUCH REQUESTS PURSUANT TO INDIANA CODE SECTION 36 -7 -4- <br />918.4; AND <br />WHEREAS, THE SOUTH BEND BOARD OF ZONING APPEALS HAS MADE A <br />RECOMMENDATION, PURSUANT TO APPLICABLE STATE LAW. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF <br />SOUTH BEND, INDIANA, AS FOLLOWS: <br />SECTION I. THE COMMON COUNCIL HAS PROVIDED NOTICE OF THE HEARING <br />ON THE PETITION FROM THE BOARD OF ZONING APPEALS PURSUANT TO INDIANA <br />CODE SECTION 5- 14-- 1.5 -5, REQUESTING THAT A SPECIAL EXCEPTION BE <br />GRANTED FOR THE PROPERTY LOCATED AT <br />2104 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615 <br />IN ORDER TO PERMIT THE CONTINUATION OF A RESIDENTIAL DWELLING UNIT <br />(I.E. RESIDENTIAL USE) WITHIN A "C" COMMERCIAL ZONING DISTRICT <br />CLASSIFICATION. <br />SECTION II. FOLLOWING A PRESENTATION BY THE PETITIONER, AND AFTER <br />PROPER PUBLIC HEARING, THE COMMON COUNCIL HEREBY APPROVES THE PETITION <br />OF THE SOUTH BEND BOARD OF ZONING APPEALS, A COPY OF WHICH IS ON FILE <br />IN THE OFFICE OF THE CITY CLERK. <br />SECTION III. THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA HEREBY FINDS THAT: <br />1. THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, <br />SAFETY, MORALS, AND GENERAL WELFARE OF THE COMMUNITY; <br />2. THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED <br />IN THE SPECIAL EXCEPTION WILL NOT BE AFFECTED IN A SUBSTANTIALLY <br />ADVERSE MANNER; <br />