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HomeMy WebLinkAbout4717-18 Approving a petition for 117 S William Street RESOLUTION No. 4717-18 Passed by the Common Council of the City of South Bend, Indiana June 25, 20-1-8 . Attest: City Clerk Karee ah N. Fowler Attest- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 95 20 _18_. ✓ City Clerk Kareemah N. FdwW Approved and signed by me J�'�n� �� 20_SL . Maya Filed in Clerk's Office AREA BOARD OF ZONING APPEALS -- 1140 County-City Building JA 0 .12018 227 W.Jefferson Boulevard South Bend,IN 46601 — www.sjcindiana.com KAREEMAH FOWLER Phone-574-235-9571 -Fax-574-235-9813 CITY CLERK,SOUTH BEND, IN Thursday, May 10,2018 Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use for a commercial parking lot in the MU Mixed Use District(South Bend)for property located at 117 S WILLIAM ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE was legally advertised on April 26, 2018 and that the Area Board of Zoning Appeals at its public hearing on May 9,2018 took the following action: Upon a motion by Kathy Schuth,being seconded by John Leszczynski and unanimously carried, a petition by MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use for a commercial parking lot for property located at 117 S WILLIAM ST,City of South Bend, was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. 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, `--�-� P /Z74—�� Lawrence P, Magliozzi,Executive Director Attachment CC: MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE BILL NO. 18-23 RESOLUTION NO. 4717-18 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 117 S WILLIAM 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: 117 S WILLIAM STREET In order to permit insert a COMMERCIAL PARKING LOT 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 o re de South Bend C mrr o Council , Y