Special Exception - 1117 Western Ave.

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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 ON A SPECIAL EXCEPTION FOR COMBINED USE ON COMMERCIAL PROPERTY LOCATED AT 1117 WESTERN. WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 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 has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow residential use in upstairs. This property is zoned "C" Commercial, "F" Height and Area. 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, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No. 3650, 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 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; (3) The need for the special exception arises from some 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 the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Section V. This Resolution shall be in full force and effects from and after its adoption by the Common Council and approval by the Mayor. Member' 4he Common Council 13I signed only to provide an Hlerk's Office ADOPTW opportunity for public discussion /� and Council action on the Issue_ PRESENTED ,j -� / -/ < 6 ir- NOT APPRO��, b IN.