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HomeMy WebLinkAbout10930-23 Approving a Pettition of the BZA for property at 751 Cottage Grove Ave - ORDINANCE No . 10930-23 Passed by the Common Council of the City of South Bend, Indiana May 22, 1'03 tea:./0 Attest: City Clerk Dawn M. Jones Attest: SA4.0.,,_ 4 > M C d President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 23, 23 20 t, 1AZ ,X6d) City Clerk Dawn M. Jones Approved and signed by me V67 39 20 z1 Mayor • • • I • • • • . • • • • • • t L . A- -, BILL NO. 17-23 ORDINANCE NO. 10930-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVE STATEMENT OF PURPOSE AND INTENT A Use Variance to establish a large fruit and vegetable garden,in the Near Northwest Neighborhood of South Bend. Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 751 Cottage Grove Ave. NOW,THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 36-7-4-605, requesting that a Use Variance be granted for property located at: 751 Cottage Grove Ave. South Bend, IN 46616. 018-1070-2991 In order to permit a Use Variance for Urban Agricultural SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variances is sought; 4. The approval does not interfere substantially with the comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. G) Cli?AA:S' ron c:ridei Counclrt South Bend Common Council ,6 Att Dawn M. Jones, City Cler Office of the City Clerk Presented by me, the undersigned Clerk of theC'ty of South Bend, to the Mayor ()lithe City of South Bend, Indiana on the o?3 day of M , 2023, at // o'clock 2 . m. /eaee4D 22( • 04-6a) Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the 3)9'1 day of piiy , 2023, at o'clock 1_111. / Ja es Mueller, Mayor ty of South Bend, Indiana - 2 - • V.