HomeMy WebLinkAbout4718-18 Approving a petition for 112 E. Indiana Avenue RESOLUTION
No. 4718-18
Passed by the Common Council of the City of South Bend, Indiana
June 25, 20-1-8 .
Attest: c c� City Clerk
Kar h N. Fowier
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
li ina?r,T 20
City Clerk
areemah N. tovAer
Approved and signed by me 34-e' Za 20�b .
MEW
AREA BOARD OF ZONING APPEALS t=iled in Clerk's Office
1140 County-City Building JUN 04 2018
227 W.Jefferson Boulevard I J
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 BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the
SF2 Single Family&Two Family District(South Bend)for property located at 112 E INDIANA
AVE, City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC 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 Michael Urbanski and unanimously carried, a
petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property
located at 112 E INDIANA AVE,City of South Bend, was sent to the Council with a favorable
recommendation,and wil l 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,
Lawrence P. Magliozzi,Executive Director
Attachment
CC: BH INVESTMENTS LLC
Cindy Hendrick
BILL NO. 18-24
RESOLUTION NO. 4718-18
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 112 E INDIANA 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:
112 E INDIANA AVENUE
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 fmds
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, C cil Pres e
South Bend ommon Co cil