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HomeMy WebLinkAboutApproving a petition of the Area Board of Zoning Appeals for property located at 214 Oliver StreetRESOLUTION No. 4580 -16 Passed by the Common Council of the City of South Bend, Indiana August 8, 1 20-16. Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 9, 20 16 City Clerk President of Common Council Approved and signed by me A y o City Clerk iL Filed in Clerk's Office 4W JUL 062016 KAREEMAH FOWLER RESOLUTION NO. 4 S43b -16 CITY CLERK, SOUTH REND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 214 OLIVE STREET, 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 its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 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 Area 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the properties located at: (214 OLIVE STREET, SOUTH BEND, INDIANA) in order to permit: Approval of a Special Exception Use as allowed under Section 21 -02.02 (a)(2)(B) Government Use, of the City of South Bend Zoning Ordinance to allow for a Fire Station on property zoned "SF2" Single Family and Two Family District at 214 Olive Street, South Bend, Indiana. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. PA SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect and approval by the Mayor. Filed in Clerk's Office JUL 0,8 2016 VW xinow its adoption by the Common Council Council KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN v� LUanch, "arrnar 4& ,associates, Inc. Land Surveyors M Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend Indiana 46601 RE: Civil City of South Bend Special Exception Petition for property at 214 Olive Street, South Bend, Indiana: Dear Council Members: July 6, 2016 Our client is requesting the approval of a Special Exception for their property located at 214 Olive Street, South Bend, Indiana. The Special Exception will allow for the razing of the existing Fire Station No. 4 and replaced with a new fire station which will contain the latest technology and contain several sustainable systems to make it very energy efficient. Our client believes that the approval of the proposed Special Exception will fit with the existing neighborhood and provide protection for both the residential and commercial uses in the surrounding area. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harper & Associates, Inc. File # 160166 Md. "C" Filed in Clerk's Office JUL 12 2016 KA.REE�.�AH FOWLER CITY CLERK, SOUTH BEND, IN