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HomeMy WebLinkAbout4708-18 Approving a petition for 122 Milton Street RESOLUTION No. 4708-18 Passed by the Common Council of the City of South Bend, Indiana June 25, 20 18 Attest: ', City Clerk Kareemah N. Fowler Att est President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana J lne r1 20-13-. City Clerk Kareemah N. Powter Approved and signed by me J �2 20 t . Maya LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,p,t Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571 April 4, 2018 Honorable County Council Filed in Clerk's Office 4d'Floor, County-City Building South Bend, IN 46601 APR 0 4 2018 RE: 122 Milton Street—Special Exception Use KAR_EE MAH FOWLER CITY CLERK,SOUTH BEND,IN Dear Council Members: Enclosed in an Ordinance for the proposed Special Exception Use at the above referenced location.Please include the attached Resolution on the Council agenda for first reading at your April 9t', 2018 Council meeting, and set it for public hearing at your April 23`d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the April I Ph, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, a 1'�_ �/4 Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N BILL NO. 18-15 RESOLUTION NO. 4708-18 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 122 MILTON 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: 122 MILTON STREET In order to permit insert a Two Family Dwelling. 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 or Common Council, 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. 5Tim c 1 si outh end m on Council Filed in Clerk's Office APR 0 4 2010 NOT APPRO.O KAREEMAH FOWLER !N C CLERK.sOUTH SEND, ITY