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HomeMy WebLinkAbout4696-18 Approving special exception for 915 27th Street RESOLUTION No. 4696-18 Passed by the Common Council of the City of South Bend, Indiana March 26, 20--i-8. Attest: City Clerk Kareemah N. Fowler Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Marr_-h 9R 2018 City Clerk 1�reemah N. Fowler Approved and signed by me yorc1 20 1_ . MW i" BILL NO. 18-03 RESOLUTION NO. 4696-18 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 915 27TH STREET 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: 915 27TH STREET In order to permit a Child Caring Institution in the OB Office Buffer 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 Sco esident South Bend Common Council PRESENTED )4O.T. APPROVED p anops€n AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 www.sjcindiana.com Phone-574-235-9571-Fax-574-235-9613 Friday. February 16. 2018 The Honorable Common Council 4th Floor County City Building South Bend,IN 46601 RE: The petition of Rite of Passage seeking a Special Use for a Child Caring Institution in the OB Office Buffer District for property located at 915 27TH, City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of Rite of Passage was legally advertised on February 1,2018 and that the Area Board of Zoning Appeals at its public hearing on February 14,2018 took the following action: Upon a motion by John Leszcynkski,being seconded by Jack Young and carried,a petition by Rite of Passage seeking a Special Use for a Child Caring Institution for property located at 915 27TH,City of South Bend,was sent to the Council with a favorable recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Rite of Passage Dr.William Bruinsma,Regional Director Brendan Crumlish