Regarding the Varience Request for Non-Contiguous Parking of American Plasma System Inc

Home Browse Search

RESOLUTION NO. 1327-85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE VARIANCE REQUEST FOR NON-CONTIGUOUS PARKING OF AMERICAN PLASMA SYSTEMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the Board of Zoning Appeals has specific duties and powers pursuant to State law; and WHEREAS, the Council further recognizes that the Board is required to make a finding and a determination in variance requests that: (1) if granted the variance will not be injurious to the public health, safety, morals, and general welfare of the community; (2 ) the use or value of the area adjacent to property included in the variance will not be adversely affected; (3 ) the need for the variance arises from some condition peculiar to the property involved and does not exist in the same zone; and (4 ) strict application of the terms of the zoning ordinance would constitute an unusual and unnecessary hardship. WHEREAS, it has been bought to the attention of the Common Council by the residents who live in the neighborhood near 515 Lincolnway West, where the American Plasma Systems, Inc. , is presently located, that if the variance is granted that their neighborhood would be adversely affected and that it would be injurious to their property. WHEREAS, the Common Council recognizes that the American Plasma Industry is strictly regulated by the United States Food and Drug Administration (FDA) ; and WHEREAS, the Council believes that the City must continually weigh and delicately balance the needs of the neighborhood with the needs of the business community, however the Council believes that in this particular case the needs and concerns of the neighborhood far outweigh those of the business and therefore the Council voices its opposition to the proposed variance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows : SECTION I. The Common Council recognizes that it has no authority in variance request matters and that such responsibility lies solely with the Board of Zoning Appeals. SECTION II. The Council believes however that in light of the many calls and complaints that it has received regarding the parking variance request of American Plasma Systems, Inc. , and after hearing the concerns of the parties involved, that the Council believes that the variance, if granted, would be injurious to and adversely affect the residents and neighborhood.