HomeMy WebLinkAbout11192-25 Special Exception and Use Variance at 1701 Hickory Road ORDINANCE No . 11192_25
Passed by the Common Council of the City of South Bend, Indiana
April 14, 20 25
Attest: City Clerk
Bianca L. Tirado
Attest: 1, President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 15, 20 25
*/(„044.k., c,CA,S-7---. City Clerk
Bianca L. Tirado
Approved and signed by me i4,1.'I I 2 �/ 20 25
Mayor
SOUT'FIzo
1865 .
BILL NO. 18-25
ORDINANCE NO. 11192-25
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 1701 HICKORY ROAD
COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Special Exception to allow Park and Open Space Uses in S1 Suburban Neighborhood 1
Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban
Neighborhood 1
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 5-14-1.5-5,
requesting that a Special Exception and Use Variance be granted for property located at:
1701 Hickory Road, South Bend, IN 46635. 024-1001-0439
In order to permit Park and Open Space Use, and to allow Entertainment and Recreation,
Indoor Use in S 1 Suburban Neighborhood 1
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. As to the Special Exception, 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 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. As to the Use Variance, 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, morals, and general
welfare of the community;
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 variance is sought; and
4. The approval does not interfere substantially with the Comprehensive Plan.
SECTION V. 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 VI. 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.
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Canneth Lee, iuncil President
South Bend Common Council
Attest:
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Bianca L. Tirado, City erk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 15`h day of April , 2025, at 12 o'clock
p.m.
Bianca L. Tirado, City erk
Office of the City Clerk
Approved and signed by me on the 2-3 day of fit n I , 2025, at / o'clock
.m.
J s Mueller, Mayor
C y of South Bend, Indiana
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