Special Exception - 1835 lincolnway East

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RESOLUTION NO. 28 3 � - 00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE CITY OF SOUTH BEND BOARD IF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1835 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613. Whereas, Indiana Code Section 36 -7-4 -918.6 requires the Common Coincil to give notice to pursuant to Indiana Code Section 5- 14- 1.5 -5, ofits 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 BoardofZoning Appeals makes its recommendation to the Council; and Whereas, the Common Council is required to make a determination in writing on such requests persuant to Indiana Code Section 36- 74- 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 1835 Lincoinway East, South Bend, Indiana 46613 in order to permit a family restaurant with a lounge area. 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; 1 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 ofZoning 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 adoption by the Common Council and approval by the Mayor. PRESENTED Z to —ob NOT APPROVED ADOPTED e a9 J ate 3 oj , . LDEC 2 9'1999 , b ........E Memper of the Common C nci