HomeMy WebLinkAbout18-73 Special Exception: 1718 Marine Street AREA BOARD OF ZONING APPEALS
1140 County-City Building Filed in Clerk's Office
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South Bend.IN 46601 `--"'— –�
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KAREEIAN Fpy�R
CITY CLERK,SOUTH EE !D,IN
December 5, 2018
Honorable Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception Use at 1781 Marine Street
Dear Council Members:
Enclosed is an Ordinance for the proposed Special Exception Use.Please include
the attached Ordinance on the Council agenda for unfinished business at your
December 10th, 2018 Council meeting, and set it for public hearing at your
January 14th, 2019 Council meeting. The petition is tentatively scheduled for
public hearing at the December 12th, 2018 Area Board of Zoning Appeals
meeting. The recommendation of the Area Board of Zoning Appeals will be
forwarded to your office by noon on the day following the public hearing.
If you have any questions,please feel free to contact our office.
Sin rely,
Jor an Wyatt
Planner
CC: Bob Palmer
Filed in Clerk's Office
BILL NO. 18-73 DEC 05 2018
RESOLUTION NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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
1718 MARINE 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:
1718 Marine Street
In order to permit 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;
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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, Council President
South Bend Common Council