Special Exception - 3003 Lincolnway West

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RESOLUTION No. ~~ ~ g - ~~ 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 3003 LINCOLNWAY WEST, SOUTH BEND, INDIANA 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 it's 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 boazd of Zoning Appeals makes it's 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 Indian Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 3003 Lincolnway West to have a Special Exception Use to allow parking in a MU Mixed Use District which will serve an Office in CB Community Business District and a Special Exception Use to allow off site parking for the Office on the MU Mixed Use pazcel. Also, seeking a pazking lot setback variance from the required 20' setback to 5' along Terrace Avenue and Lincolnway West. 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.