01-26-09 Common Council Meeting Agenda & Packet

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~'~<<~ IJ a _ d~- 3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITI' OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 744 SOUTH MAIN STREET:: WHEREAS, Indiana Code Section 36-7•-4-915.6, requires the Common•Cotulcil 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; and WHEREAS, the Common Couiici] is required to tnalce a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-915.4, 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 COAZMON 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: 744 SOUTH MAIN STREET,. SOUTH BEND,~INDIANA in order to pemlit A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE (contingent on rezoning from LI to MU) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Conunon 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: