Special Exception - 1716 S. Michigan St.

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RESOLUTION NO. /99 u -9ai 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: 1716 South Michigan Street, South Bend, Indiana 46616. 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 South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been as apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. 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: 1716 South Michigan Street, South Bend, Indiana 46616 in order to permit Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been an apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. 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 attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. 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;