HomeMy WebLinkAboutApproving a petition of the Area Board of Zoning Appeals for 3001 W. Cleveland Rd.Attest:
RESOLUTION
No. 4586 -16
Passed by the Common Council of the City of South Bend, Indiana
September 12, 2016
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 13 20 16
Approved and signed by me 20 ' 6
City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3001 W. CLEVELAND ROAD
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 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 Exception be granted for the property located at:
3001 W. CLEVELAND ROAD
in order to permit
TO CONSTRUCT A NEW 150 FOOT MONOPOLE TELECOMMUNICATIONS TOWER
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.
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, community
moral 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;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
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 from and after its adoption by the
Common Council and approval by the Mayor.
/'RESENTED q/ j21 I Lt
WJT APPPnvFt
TAMPT:P Cl /o-11"o
Member of the Common Council
Filed in Clerk's Office
AUG 15 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH REND, IN