HomeMy WebLinkAbout4697-18 Approving ABZA petition for 2602 Mishawaka Avenue RESOLUTION
No. 4697-18
Passed by the Common Council of the City of South Bend, Indiana
February 26, 20-1-8 .
Attest: City Clerk-:-:717 T-
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 26, 20 18
City Clerk
Approved and signed by me
AMC
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Maya
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BILL NO. 18-04
RESOLUTION NO. 4697-18
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
2602 MISHAWAKA AVENUE
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 property located at:
2602 MISHAWAKA AVENUE
In order to permit a Coffee Shop with Drive Through/up Window in the LB Local
Business District.
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 of
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.
Tim Scott,T ounce resident
South Bend Common Council
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Bianca Tirado I` l
From: Angela Smith <ASmith @sjcindiana.com>
Sent: Tuesday, February 06, 2018 12:21 PM
To: Bianca Tirado
Cc: Kareemah Fowler; Bob Palmer
Subject: Special Exception Use
Attachments: 915 27th ordinance.docx; 2602 mishawka ordinance.docx
Attached are 2 Resolutions for Special Exception Uses. Please place them on your agenda for first reading at your
February 12, 2018 Common Council Meeting.They will be heard by the ABZA at the February 14th meeting (1:30 in
Council Chambers), with recommendation being forwarded on April 15th.The petitions should be ready for public
hearing at your February 26th Council meeting.
Please let me know if you have any questions or if you need paper copies.
rr geeGG X. .5ota4, Deputy Director
Area Plan Commision of St. Joseph County
(574) 235-9571
Filed in Clerk's Office
L FEB 0 6 2018
. _KAAH FOWLER
CITY CLERK SOUTH BEND,IN
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