01-26-09 Common Council Meeting Agenda & Packet

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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 FOR THE PROPERTY LOCATED AT 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 WHEREAS, Indiana Code Section 36-7-4-918.6, required 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 sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36- 7-4-918.6; 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 Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1713 and 1717 Burdette Street, South Bend, Indiana 46637 more specifically being Lot 7 of Burdette Street Villas Minor Subdivision as recorded under Instrument Number 0820238 in the Office of Recoxder of St. Joseph County, in order to permit a special exception for a group residence on property zoned "MF1" Urban Corridor Multifamily District. 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 proposed use will not be injurious to the public health, safety, comfort,_communityrnoral standards; convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein;