HomeMy WebLinkAbout17-12 Special Exception at 3701 Portage AveRESOLUTION 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
3701 Portage Rd., South Bend, IN 46628
HEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice
rsuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board
Zoning Appeals for approval or disapproval; and
HEREAS, the Common Council must take action within sixty (60) days after the Board of
oning 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 -74- 918.4. and
HEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to
ppbcable state law.
THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
OF SOUTH BEND, INDIANA as follows:
TION 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
ial Exception be granted for the property located at:
Portage Rd. South Bend IN 46628
order to permit
special exception to allow,temporary vehicles sale in a CB zone.
ECTION H. 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 W. The Common Council of the City of South Bend, Indiana, hereby finds that:
I . 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.
v V. The Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
of the Common Council
Filed in Clerk's Office
MAR 0 7 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN