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Home My WebLink AboutSpecial Exception - Zoning 324 W Garst St. 46601 I�ESOLUTIDN 4094-11 Passed by the Common Council of the City of South Bend, Indiana April 11, 2011 Attest: - City Clerk 1 , Attest� 4 ` President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana , April 12, 20 11 - City Clerk Approved and signed by me 20 . �� RESOLUTION NO. ��`t�L� A RESOLUTION OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS . FOR THE PROPERTY LOCATED AT 324 WEST GARST �TREET,SOUTH BEND, INDIANA 46601 WHEl2CAS, 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 Use and a Variance of Development Standards be granted for the property located at: 324 West Garst Street, South Bend, IN 46601 in order to permit to construct and operate a 240' telecommunication tower on property � classified general industrial, a Variance of Developmental Standards from a maximum height of 200' to 240', a Variance from a monopole-type tower to a lattice-type self-support tower and a Variance from the required landscaping on the south side of the facility to no landscaping on the south side of the facility. 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 or 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. Member of the Common Council Ci1�c� tn Ct�rlt'� 4►�� AC� � p 2011 . . �-1,�-�l 7.?�;i� ;�. .. . ... dQFi�l VO+JFiD N� iN. ,� GITY C�"'`��•. i r,' t.r��/�\-1,1 , TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11-23 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 324 WEST GARST STREET, SOUTH BEND, INDIANA 46601 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole AREA BOARD OF ZONING APPEALS 125 S. Lafayette Bl�d. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 March 3, 2011 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Charles S. Hayes, Inc. 324 Garst Street ABZA 3/2/11 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on January 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March 2, 2011 at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception of Charles S. Hayes, Inc. for a 240' telecommunications tower, on property located at 324 Garst Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely �� Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCBlcah CHAF2LFS S. HA�"F.S. 1?�C. SP�CIA1_ I�XCL-I''TSO� P��hSL).A?�T ?7-09.3tD> AKI.�A I30AP.D 01= "LO�1NG APPF_ALS FI'�'DI'��GS OF FAC�- 1. "THE PROPOSED �'.SF_ \\'ll_L'�OT 13r- 17�'JURIOUS �-O i HT= Pl_1B1_IC HF_ALTH. SAFET�'. COMrORT. C0��1�11:'�1�-�' ?�'IC�R.4L �T.�.'�'DAP.DS. CO?��'F_',�lT?��Cr QR GL-NF_RAL �'�'ELFARF_ B�C.AL'S�: De�'elopment and use as Tire:ented ��ilf co��tpl� ��ith all buildin�. fire safet�. ti-affic. and parkin�� re��ulatioils a� to not Uein�� injuriou� tc thc public health. sai�et�. morals. and _eneral welfare ofthc- communit�. _. THE P}hOPOSL=D �.'SE V�'ILL '�OT I?�.IUTr OR ADVL-RSELY AFI=L-C`T THE L-.sF_ Or "1-I�L= ADJACL-'.�7� 4P��..�. Oh PROP�RTI' \'AL.L'�5 "rHTRLI?� BT�CAI'SE: 7�he �aT-iance or us� shall improv� the appearance ofthe nei�hborhood and ��ill not de�alue the surroundin=� prupetties. -. THE PROPOSED L'.S?� ��'ILL BI.= CO'�S1Sl-L?�T ��'I"1'1-1 T3-3L- CHAK.ACTLR OF THL DISTRICTI'\ �'�'l�ICH ]T IS LOC.-a"i=D A'�D Ti-IL- L.A'�D L'SES AL'THOR17_F_D Tl-IEi2EIT� BECAl!SL: Condition� on thc properr� predate the Zonina Ordinance_ ��hich creates a different condition for this propert�. -;. l-1iE PROPOSLD L'Sf IS CO?��P.ATII3LL- �'.']TH THE REC0T�1MT�'�DA"I�IO?�S Ul= 'THL- CITY OF SOL'TH B�'�i� CO��-1PRE�HF_-:�'Slt FPL,-�?��BECAL'SL-: It is thr feelin<_of the Board that the �ariance i� blendin<� into the overall Coinprehensive Plan and is i�ot de�iatin�_ f�om it's intent � CO'�D1TJ0'�S OR RL-�'1S10?�5: DECISIO'� 1T IS THEREFORE the decision ofrhe Board that thi� request for Special Exceptior Shall Ue passed onto the Ci:� of South Benci Common Coun.;il "'ith a: FA�'ORAI3LE R�CO�Z:�'IE'.�DAT30'� .=1DOPT��.D this_nC Da� ef'�iarch. ^_0 i l. 1'E� �O � ?�71CHAL-L LRB.4�SF�1 Q RA?�DALL MAT']�H�'S � JACh 1'OUNG � GL-R.aLD PHIPP� qgSENT ROBEP�T H.A��'LF_l� C] JU� �'L-LLL-MA'� � BRL-NDA� CRL�MLISH