Special Exception - 3423 South Michigan Street with Contiguous Vacant land

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RESOLUTION NO. 3~g3 ~~9 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 3423 SOUTH MICHIGAN STREET WITH CONTIGUOUS VACANT LAND 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 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 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: 3423 South Michigan Street with contiguous vacant land, in order to permit apre-school as an adjunct use to a public school, which is a permitted primary use under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single Family and Two Family District, Permitted Uses, Special Exception Uses, Educational Use. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Cornmon 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: BDDBO 1 5692905v 1