Special Exception - 1201 S. Michigan Street

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RESOLUTION NO. 2 1 2,1-W 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 1201 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601 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 AT 1201 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601 IN ORDER TO PERMIT: EXCEPTION REQUEST: 1). REQUEST APPROVAL OF AN EXCEPTION UNDER THE CITY OF SOUTH BEND ZONING ORDINANCE, DIVISION 2., EXCEPTIONS TO DISTRICT REGULATIONS, SECTION 21- 117.05 "EXCEPTION IN "C" COMMERCIAL DISTRICTS, (a) A RESIDENTIAL DWELLING UNIT (I.E. AN APARTMENT) ON THE SECOND FLOOR OF AN EXISTING COMMERCIAL STRUCTURE ". 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;