HomeMy WebLinkAbout19-50 Special Exception: 3423 Michigan Street LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
August 6, 2019
Filed in Clerk's Office
Honorable Common Council
4th Floor, County-City Building AUG 06 2019
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
RE: 3423 Michigan Street
Special Exception Use
Dear Council Members:
Enclosed is a Resolution for the proposed Special Exception Use for a Child Care Center at the
above referenced location. Please include the attached Resolution on the Council agenda for
unfinished business at your August 12th, 2019 Council meeting and set it for public hearing at
your August 26th,2019 Council meeting. The petition is tentatively scheduled for public hearing
at the August 14th,2019 Area Plan Commission meeting.The recommendation of the Area Plan
Commission 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.
S. erely,
Jo an Wyatt
P1 nner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STIOSEPHCOUNTYINDIANA.COM/A R E A P L A N
Filed in Clerk's Office
AUG 0 6 2019
RESOLUTION NO. _
KAREEMIAH F OWLER
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
3423 MICHIGAN 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:
3423 MICHIGAN STREET
In order to permit a child care center.
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.
Member of the Common Council